Ombudsman acts for manager and sales assistant

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Ombudsman acts for manager and sales assistant

Car wash manager underpaid $95,000 in 8 months; Sales assistant back paid $6400.

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Car wash manager underpaid $95,000 in 8 months; Sales assistant back paid $6400.

Car wash manager underpaid $95,000 in 8 months
 
A car wash café managed to underpay 62 casual employees more than $95,000 in only eight months, the Fair Work Ombudsman will tell the Federal Magistrates Court in Sydney.

Facing prosecution is the Kingsford car wash café’s former manager, Elliot Ban.

The Ombudsman alleges that the car wash underpaid 62 casual employees a total of $95,680 between December 2009 and July 2010.

Most were male employees in their 20s, many of them from Asia, who worked as car washers and detailers.

Flat rate
 
The workers were allegedly paid a flat hourly rate as low as $10.84 when they should have received more than $16.

The largest amount allegedly owing to a single worker is $7261.

Fair Work inspectors discovered the alleged underpayments when they investigated a complaint from one of the employees.

Court documents also allege Kingsford Carwash failed to keep proper employment records.

Failure to rectify
 
Fair Work Ombudsman Nicholas Wilson said the decision to litigate was made because of the significant amount involved and the employer’s failure to rectify the matter.

Ban was allegedly involved in Kingsford Carwash committing numerous breaches of workplace laws.

He faces maximum potential penalties of $6600 per breach and Kingsford Carwash $33,000 per contravention.

A directions hearing is listed for 19 September in the Federal Magistrates Court in Sydney.


Sales assistant back paid $6400
 
A sales assistant at Deniliquin, in regional New South Wales, has been back paid a total of $6400 following intervention by the Fair Work Ombudsman.

After investigating a complaint from the employee, a Fair Work inspector found the worker had not been paid annual leave entitlements.

Employer acted promptly
 
After the inspector contacted the employer and explained its obligations, the employee was promptly reimbursed all money owed.

Fair Work Ombudsman Nicholas Wilson says the business has also put processes in place to ensure the error is not repeated.

‘It’s a fact that some businesses inadvertently breach workplace laws. When we find mistakes, we’re here to help and give practical advice to employers on how to voluntarily fix them,’ he said.
 
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