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Former operators of a southwest Melbourne real estate agency have been slapped with $63,000 in penalties after it was found to have breached workplace laws.
Earlier this week, the Federal Circuit Court imposed a $53,550 penalty against the former operators of the now-defunct Stockdale & Leggo Werribee real estate agency, Jenni International Pty Ltd, and an additional $9,450 penalty against the company’s sole director, Pui San Lee.
The Fair Work Ombudsman commenced legal action in relation to this matter in November of last year.
The penalties stem from both Jenni International’s failure to comply with a compliance notice requiring back-payment for an underpaid worker and Ms Lee’s hand in providing a Fair Work inspector with a false or misleading document.
According to Fair Work Ombudsman Sandra Parker, a compliance notice was issued to Jenni International last year “after forming a belief the company had failed to pay a former employee, who managed rental properties, for her final two days of work and some personal leave and annual leave entitlements”.
“After a Fair Work Inspector wrote to Jenni International informing the company it had failed to comply with the compliance notice, the company and Ms Lee provided the inspector with a medical certificate purporting to show Ms Lee was seen in hospital in Malaysia after the compliance notice was issued. However, Ms Lee was in Australia at the time,” Ms Parker said.
The court found the company and Ms Lee had breached workplace laws in its action. Along with the penalties, the court ordered Jenni International to comply with the compliance notice, which includes calculating and rectifying the underpayment in full, plus superannuation and interest.
“We make every effort to secure voluntary compliance with compliance notices, but where they are not followed, we are prepared to take legal action to ensure workers receive all their lawful entitlements,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
This latest matter marks the second time the Fair Work Ombudsman has secured court-ordered penalties against Jenni International.
When this action was first launched by the Fair Work Ombudsman in November last year, Stockdale & Leggo clarified that it no longer had a relationship with Jenni International and has not done so since 16 June 2020, “following a number of issues, including alleged non-compliance with the company’s ethical code of conduct as well as breaches of the franchise agreement”.
ABOUT THE AUTHOR
Emma Ryan
Emma Ryan is the deputy head of editorial at Momentum Media.
Emma has worked for Momentum Media since 2015, and has since been responsible for breaking some of the biggest stories in corporate Australia, including across the legal, mortgages, real estate and wealth industries. In addition, Emma has launched several additional sub-brands and events, driven by a passion to deliver quality and timely content to audiences through multiple platforms.
Email Emma on: Emma.Ryan@momentummedia.
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