A SIM card provider has been penalised $25,000 after it was caught underpaying a worker.
It’s the second time Fair Work has caught the global company engaging in wage theft.
SIM card provider caught for second time
The Federal Circuit Court found that Lyamobile Pty Ltd failed to pay an administrative employee $5,264 in overtime entitlements.
Lyamobile required the woman to work in its Parramatta office in Sydney more than 38-hours a week, including Saturday shifts.
However, it failed to pay full overtime rates that she was entitled to under the Telecommunications Services Award.
In a separate matter, the court penalised Lycamobile $59,000 for underpaying 13 other workers based in Adelaide and Brisbane a total of $28,034 in 2013.
Underpayment the result of ‘recklessness’
Judge Sylvia Emmett described the wage theft as “egregious” and the result of “recklessness rather than mere accident”.
She also noted the company’s previous wage theft in 2013.
“I accept that a meaningful penalty is one that sends a message to employers and the public at large that repeat offending is serious and should be treated as such by the Court.”
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Industrial advocate Miles Heffernan once again called for employers who engage in deliberate and repeated wage theft to face criminal penalties.
“This is another example of an employer who is repeat wage theft offender,” he said. “Fair Work has caught them stealing wages twice now.
“This company has no excuse and I see no reason why those responsible should face criminal charges for stealing.”
Meanwhile, a recent inquiry into wage theft in Queensland made 17 recommendations to tackle the problem in that state.
Among the recommendations is criminal penalties for deliberate or reckless cases of wage theft.
Lyamobile Pty Ltd has subsequently back-paid the worker in full.
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