Victorian furniture delivery business in court over wage theft
A Victorian furniture delivery business is facing court over allegations it failed to pay a part-time driver legal wages and entitlements.
The Fair Work Ombudsman action comes as a result of a wage theft complaint from the driver.
Victorian furniture delivery business in court
Facing the Federal Circuit and Family Court is Harris Group Co Pty Ltd (formerly known as ‘Harris Trucking’).
Also facing court is the company’s sole director, Matthew Harris.
Mr Harris operates his furniture delivery business from Traralgon in Victoria.
His company employed the worker part-time as a delivery driver between September 2021 and January 2022.
Fair Work alleges the wage theft involved underpayment of overtime and Saturday penalty rates, as well as owed annual leave entitlements.
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Compliance Notice
As a result of the investigation, Fair Work issued Harris Trucking with a Compliance Notice in December 2022.
The Notice is basically a chance to rectify the wage theft without court-ordered penalties – however the company allegedly failed to do so.
Don’t ignore Compliance Notices
Industrial advocate Miles Heffernan advised employers not to ignore Compliance Notices.
“These Notices allow you to back-pay anything you owe without having to pay additional penalties,” Mr Heffernan said.
“Any employer who ignores a Compliance Notice has rocks in their head – either that or they have a huge bank account!”
Mr Heffernan recommends employers and employees seek urgent expert advice about Compliance Notices or any other wage theft matter.
“It’s better to talk to an expert than find yourself in court accused of underpaying staff or find yourself short-changed on your hard-earned wages,” Mr Heffernan said.
Penalties
Meanwhile, in relation to the Harris Trucking case, Fair Work is seeking penalties for the alleged non-compliance with the Compliance Notice.
Harris Group faces a maximum penalty of $33,300, while Mr Harris faces a maximum penalty of $6,660.
Additionally, the regulator is seeking a court order for Harris Group to fully rectify the underpayment, including interest and superannuation.
The Federal Circuit and Family Court in Melbourne has a hearing listed this month.
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