Townsville Café Owner Penalised $54,000 Over Failure To Pay Unfair Dismissal Compensation

A record penalty has been imposed against the former owner of a café, for ignoring a Fair Work Commission order to compensate an employee who was unfairly dismissed.

The business owner, who formerly owned and ran the café, has been penalised $9000 and his company has been penalised a further $45,000, in the Federal Circuit Court.

The $54,000 in penalties is a record for a Fair Work Ombudsman legal action against an employer for failing to comply with an order to pay unfair dismissal compensation.

The Fair Work Ombudsman reiterated that the Agency is prepared to use every tool at its disposal to ensure legal orders are complied with and justice is served.

The Fair Work Commission made an order requiring the company to pay $6200 compensation to an employee in 2016.

The Commission found the employee had been unfairly dismissed in 2015 after working at the café as an assistant and a manager.

The employee contacted the Fair Work Ombudsman seeking assistance after the compensation amount was not paid.

Fair Work Ombudsman Inspectors made several requests for the former business owner and his company to comply with the Commission’s order - but the former business owner refused to pay the amount ordered by the Commission, advising an Inspector that the worker would “get nothing out of me”.

The former business owner and his company paid the worker the outstanding unfair dismissal compensation owing to her only after the Fair Work Ombudsman commenced legal action.

The Fair Work Ombudsman has commenced legal action against several employers over the past six years for failing to pay unfair dismissal compensation ordered by the Fair Work Commission.

The previous largest penalties of nearly $50,000 were secured against a Melbourne based company and its director in 2014 for failing to pay $2200 compensation.

Are you finding it difficult to comply with Fair Work requirements?
ISOsafe offer Fair Work support to businesses Australia-wide. One of our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you with advice, compliance documents, training and a detailed report containing areas for improvement. Call ISOsafe today on 1300 789 132.
 

Queensland employer fined 180,000 after death of young worker

A Queensland transport company has been fined $180,000 for failing to comply with health and safety laws after a teenager was crushed to death operating a vehicle loading crane at Westside Christian College in 2012.

Head of Workplace Health and Safety Queensland (WHSQ) Dr Simon Blackwood said this was a tragic example of a young employee desperately trying to please his boss, but way out of his depth – a situation the company could’ve easily avoided.

“Around 50 young Queenslanders a day – mostly young men suffer a compensable work injury, and one a day is permanently impaired,” Dr Blackwood said.

Since the tragedy, the company has stopped similar jobs and no longer uses the vehicle involved in the incident.

Magistrate David Shepherd said the young man died trying to do his best for his employer and had no doubt company bosses feel this matter very deeply and personally.

Dr Blackwood said for his family, this is closure. For everyone else, it’s a timely reminder to put measures in place to ensure safe working environments so that employees go home to their families every day.

"Young workers have a unique risk profile and it’s up to employers to consider this when managing them. A proper induction, plenty of support and much needed training are vital," he said.

Work health and safety laws require employers to:
•  identify the health and safety risks of particular work tasks and adopt procedures to eliminate or control them;
•  train workers in the procedures and provide them with any safety equipment they need;
•  ensure workers perform their tasks safely by providing training, supervision and support; and
•  encourage workers to speak to supervisors about any health and safety concerns.

Since July 2016, the Office of Industrial Relations has successfully completed 21 prosecutions in the courts, leading to fines totaling three quarters of a million dollars.

Over the same period, WHSQ issued 37 infringement notices with fines totaling more than $94,000, as well as 921 improvement notices and 265 prohibition notices.

For more information on managing young workers, contact ISOsafe at enquiries@isosafe.com.au. We support business owners; helping create safe and compliant workplaces.

Sydney car auction company fined more than $250,000 after death of forklift operator

A Sydney car auction company has been fined more than a quarter of a million dollars after a forklift operator was killed while unloading a truck at Milperra, NSW in 2013.
A 36 year old forklift operator and a 19 year old labourer were moving a cabinet from a truck onto a forklift at the company’s motor vehicle storage and auction site, when they both lost control of the load. The incident resulted in the death of the forklift operator and the labourer was left with fractured ribs and an injured knee.
SafeWork NSW charged the company with a breach of the Work Health and Safety Act 2011 for failing to ensure the health and safety of workers.
The company were found guilty by the District Court in June this year and fined $255,000.
Executive Director of SafeWork NSW, Peter Dunphy said the incident highlighted the risks of working with forklifts and need to provide effective supervision and support to young workers.
“Forklifts continue to be a major factor in workplace deaths and injuries,” Mr Dunphy said.
“Between July 2012 and July 2014, 1,360 workers were injured in forklift incidents, including five fatalities.
“The social and economic impact is also significant, including a cost of $15.8 million to the NSW workers compensation scheme.
“Young workers make up approximately 12 per cent of all employment injuries and occupational diseases across the State, and are more vulnerable to workplace safety risks because of their inexperience or reluctance to speak up about safety concerns.
“Our investigation found that a lack of safety systems, instruction and supervision were major contributors to this incident.
“The company failed to train and instruct the workers how to safely remove the cabinet from the truck and did not tell them which forklift could safely carry the cabinet."
“This resulted in the workers selecting the wrong sized forklift with tragic results.”
“This incident highlights the need for employers to have appropriate systems in place to ensure that all workers, particularly young workers, receive sufficient training and support to work safely.”
Failure to manage health and safety can result in serious incidents. So, as well as putting staff wellbeing at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare safe systems of work, safety instructions and all other documentation you require. Call us now 1300 789 132 or email us at enquiries@isosafe.com.au, to learn more about our services for businesses and their owners.