Adelaide-based mobile device repair business, Mobizone and its part-owner Raymond Kebbe, will be facing court after refusing to pay on-the-spot fines issued by the Fair Work Ombudsman in relation to failing to issue payslips to an overseas worker.
The Fair Work Ombudsman will be taking legal action after the company refused to pay $550 for their alleged workplace contravention.
This is the first time the Ombudsman has commenced legal action solely in relation to payslip contraventions after an infringement notice was ignored.
The company faces a maximum penalty of up to $25,000 and Kebbe faces a maximum penalty of up to $5100.
Fair Work Ombudsman, Natalie James, said inspectors made repeated requests for the business to pay up, but they failed to comply.
The Fair Work Ombudsman audited the business last year as part of its monitoring activity of employers who recruit staff on 457 skilled worker visas.
Mobizone allegedly issued payslips infrequently to an Indian telecommunications technician on a 457 visa, and only when he asked for them.
Fair Work inspectors issued Mobizone with a $550 infringement notice to be paid within 28 days.
Under work place law, employers must pay infringement notice penalties within the specified period or make a written application for the notice to be withdrawn.
“We place a high importance on enforcing compliance with payslip obligations, because when employees don’t receive them, it undermines their ability to understand how their wages have been calculated and to check they’ve received their minimum lawful entitlements,” James said. “It’s particularly concerning when vulnerable overseas workers are not provided with payslips because they are often not fully aware of their rights and entitlements under Australian workplace laws.”