The Fair Work Ombudsman has commenced legal action against the former operators of a Sydney-based shoe retailer.
Facing court are Winton Jacob International Pty Ltd - which traded as C de C Shoes with stores in the Sydney CBD and at Macquarie Park, before the stores closed in 2022 - and the company’s sole director, Winton Guo.
The regulator investigated after receiving a request for assistance from a Chinese visa holder that Winton Jacob International employed as a retail worker at the stores between November 2019 and June 2021.
A Fair Work Inspector issued a Compliance Notice to the company in December 2022 after forming a belief the worker had been underpaid minimum wages, weekend and public holiday penalty rates, and leave entitlements under the General Retail Industry Award 2010, the General Retail Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Winton Jacob International, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged the worker is owed $15,174.
A breach of pay slip laws is also alleged. It is alleged Guo was involved in both the contraventions.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers,” Booth said.
“Employers also need to be aware that taking action to protect workers such as visa holders who can often be more vulnerable is a priority for the Fair Work Ombudsman. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties in court. For the alleged failure to comply with the Compliance Notice, Winton Jacob International Pty Ltd faces a penalty of up to $41,250 and Guo faces a penalty of up to $8,250.
In addition, for the alleged failure to issue pay slips, Winton Jacob International faces a penalty of up to $66,600 and Guo faces a penalty of up to $13,320.
The regulator is also seeking orders for the company to rectify the alleged underpayment in full, plus interest and superannuation. A directions hearing is listed in the Federal Circuit and Family Court in Sydney on February 2, 2024.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.