The business allegedly didn’t pay a former truck driver all annual leave entitlements
The Fair Work Ombudsman has commenced legal action against road transport and logistics company Schiller Transport Pty Ltd.
The Adelaide company, which transports food and other goods between Adelaide and South Australia’s Riverland region, was investigated after a former truck driver requested assistance from the regulator.
A Fair Work Inspector issued a compliance notice to the company in August 2021 after forming the belief that the worker hadn’t been paid all annual leave entitlements owed under the National Employment Standards on termination of employment.
The former employee had been employed by Schiller Transport on a full-time basis between 2011 and 2021.
Allegedly the worker was entitled to be paid $15,906.05 for accrued but untaken annual leave entitlements but was only paid $5,000 by Schiller Transport.
The Fair Work Ombudsman alleges Schiller Transport, without reasonable excuse, failed to comply with the compliance notice, which required it to pay the former employee’s outstanding annual leave entitlements in full upon termination.
Schiller Transport faces a maximum penalty of up to $33,300 for allegedly failing to comply with the compliance notice.
The regulator says it will continue to enforce workplace laws and take business operators to court when they don’t act on compliance notices.
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“When employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements,” acting Fair Work Ombudsman Kristen Hannah says.
“A court can order a business to pay penalties on top of having to back-pay workers.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
The Fair Work Ombudsman is also seeking an order for Schiller Transport to comply with the compliance notice by paying the outstanding annual leave plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on 27 June 2022.