The Fair Work Ombudsman has taken legal action against Hermesvilla Pty Ltd, a furniture retail company that trades as Myka Home in Melbourne’s eastern suburb of Nunawading.
The regulator opened an investigation after receiving a request for assistance from a Melbourne-based worker who had been employed by the company as a casual delivery driver for a short period in July 2021.
A Fair Work Inspector issued a compliance notice to Hermesvilla Pty Ltd in November 2021 after believing the worker was underpaid minimum wage, casual charges and overtime rates due under the General Retail Industry Awards 2020.
The Fair Work Ombudsman alleges that Hermesvilla Pty Ltd, without a reasonable excuse, failed to comply with the compliance notice, which required it to calculate and reimburse the worker’s entitlements. The company is also alleged to have violated payslip laws by not providing payslips to the worker.
It is alleged that the worker owes $888.60, plus a superannuation.
Fair Labor Ombudsman Sandra Parker said the regulator will continue to enforce labor laws and take companies to court when legal demands are not met.
“If employers fail to comply, we will take appropriate action to protect employees. A court can order a company to pay penalties in addition to workers’ back wages.
“Any employees with concerns about their pay or rights should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is calling for sanctions. Hermesvilla Pty Ltd faces a fine of up to $33,300 for the alleged breach of compliance notice and a fine of up to $66,600 for the alleged pay slip breach.
The regulator is also seeking an order for Hermesvilla Pty Ltd to comply with the compliance notice, which includes full rectification of the alleged underpayment, plus superannuation and interest.
A directions hearing is scheduled at the Federal Circuit and Family Court in Melbourne on December 1, 2022.