A worker has still not been paid Fair Work Commission ordered compensation, and as a result, the employer is facing court action.
Logan Electrical Services Division allegedly failed to pay $21,505 compensation to Christopher Antonarakis, a refrigeration and air-conditioning mechanic, who the company unfairly dismissed in 2017.
Worker still not paid Fair Work Commission ordered compensation
Logan Electrical Services sacked Antonarakis after he allegedly did a “cashy” job out of hours.
However, the Fair Work Commission accepted his evidence that he had been helping a family friend fix a pool fence.
The Commission found the employer failed to give Antronarakis an opportunity to respond to the allegations against him.
Therefore, it concluded his dismissal had been harsh, unjust and unreasonable.
However, Logan Electrical Services, and its sole director, Peter Burnitt, have refused to pay the $21,505 compensation to date.
The Fair Work Ombudsman has consequently commenced legal action in the Federal Circuit Court.
Burnitt and his company face penalties as high as $12,600 and $63,000 respectively.
An order is not discretionary
Miles Heffernan from IR Claims says Burnitt and his company will be hit with a hefty penalty.
“This company can expect the court to take this matter very seriously,” he said.
“An order is an order, it is not a discretionary component for a business, so if a commission orders you to pay – you pay.”
Previously, IR Claims represented Kaitlynn Northey, a trainee worker in a Townsville restaurant.
Her employer ignored an order to pay her compensation after unfairly dismissing her.
As a result, the Federal Circuit Court imposed a penalty of $52,000 on her employer, South Townsville Operations.
Additionally, the court penalised company director George Koloubius a further $10,500.
Furthermore, the court ordered Koloubius and his company to pay Northey the maximum 26-weeks compensation of $17,951, plus $1,139 interest.
Finally, the court also ordered them to pay $6,000 for her legal fees.
“As a result of the manager’s arrogance, an initial bill of $17,951 blew out to more than $80,000 because he decided to ignore the Commission’s orders,” Mr Heffernan said.
Melbourne-based World Gym Sunshine, and its director Wayne Mailing, also ignored orders to pay $2,200 compensation to a former employee.
As a result, a court penalised Mailing and his company $50,000.
“The courts have demonstrated they are not shy in punishing those who choose to ignore orders made by the commission,” Mr Heffernan said.
Please call our team at Industrial Relations Claims today on
1300 045 466