Are you ready for The Fair Work Act?
"The Fair Work Ombudsman has launched a prosecution against the former manager of a Melbourne retail business after a salesperson was allegedly underpaid $25,000"....
Facing court is Caulfield South man, a former manager and part-owner of Ken Bruce Sales on Glenferrie Road, Malvern.
Documents lodged in the Melbourne Magistrates' Court allege the store Manager was centrally involved in the salesperson being underpaid a total of $25,575 between 2003 and 2008.
The Fair Work Ombudsman claims the male employee, in his 50s, worked an average 47.5 hours a week from Monday to Saturday.
The alleged underpayments were primarily related to overtime rates, annual leave entitlements and pay in lieu of notice.
The store Manager also allegedly failed to keep proper employment records for the employee or issue him with payslips.
The Ken Bruce Sales store in Malvern was sold in late 2008 and the store Manager no longer has any involvement with the business.
Fair Work Ombudsman Executive Director Michael Campbell said"The store Manager is being prosecuted because of the significant amount involved and his failure to rectify the matter".
The Fair Work Ombudsman alleges the store Manager committed several breaches of workplace laws.The maximum penalty per breach is $6600 for the underpayment mattersand $1100 for the payslip/record keeping matters.
Drake's has now launched a national Human Resources arm of the business which is focused on helping SMEs with their Human Resources operational and more strategic needs, whilst assisting employers deal with workplace emergencies that may arise. Rather than deal with the expense of seeking reactive legal counsel, we assist clients with a proactive approach through a HR call centre. A simple five minute phone call could save your business thousands from a reactive unfair dismissal claim or costly poorly managed workers compensation claim.
With the Introduction of theFair Work Act& implementation of 124 Modern Awards, no Australian business is exempted from the new terms & conditions of employment which include changes to minimum award rates of pay and employee entitlements so don't be caught out.
How can Drake International help?
Annual membership to theNational HR Help Deskstarts atonly $99 per monthand is fully tax deductable. With over 50 years experience Drake has a specialist arm of the business in Industrial Relations and Human Resource Management that is able to partner with your business to ensure compliance and operational efficiency. With an extensive range of complete services under the one umbrella, this monthly subscription will prove to be your best insurance cover yet! And best of all you will only need to liaise with one trusted provider for all your business needs.
10 Key Reasons to join Drake's National Advisory Service
- Piece of mind! Drake International is a global leader in the provision of recruitment, human capital and outsourcing with for over 50 years experience.
- Expert assistance with and interpretation of industrial instruments - including Awards, collective agreements and legislation (including the Workplace Relations Act 1996 and the Fair Work Act 2009)
- Award interpretations - including rates of pay, hours of work, overtime, penalties and loadings - never miss a pay increase again!
- Strategic and operational Human Resources solutions including establishing induction programs, HR policies and procedures, reducing employee turnover, assistance with choice initiatives, workforce planning, etc.
- Complete Management of workers compensation claims including strategies for working with your insurer, reducing expensive premiums and reducing claims.
- Drafting of HR policies and procedures to provide company structure
- Physiological assessments, skill assessments and job descriptions
- Performance management of employees including lawful terminations and company restructures.
- Access to a range of specialist consultants nationally - No need to hire costly Human Resource professionals, when experts can be outsourced at a fraction of the price.
- One simple and transparent monthly direct debit arrangement with no strings attached.
For more information or a discussion with our Senior Industrial Relations Consultant about any workplace matters call the Drake HR Desk on 03 9245 0287.