The Fair Work Ombudsman has commenced legal action against a company that provided patient transport services in Sydney.
Facing court is Workplace Medical Consultants Pty Ltd and company director, David Zammitt.
The regulator investigated after receiving a request for assistance from a worker who was employed by the company as a full-time patient transport officer between August 2021 and April 2022. The worker's duties included driving patients between health services.
A Fair Work Inspector issued a Compliance Notice to Workplace Medical Consultants in July 2023 after forming a belief the worker was owed entitlements under the Ambulance and Patient Transport Industry Award 2020 and the Fair Work Act's National Employment Standards.
The inspector formed a belief that the company underpaid the worker's overtime rates, failed to pay his wages for his final three weeks of work and failed to pay him accrued but untaken annual leave entitlements at the end of his employment.
The Fair Work Ombudsman alleges Workplace Medical Consultants, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements. It is alleged that Mr Zammitt was involved in the contravention.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
"Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties, and to take steps to comply with a Compliance Notice including calculating and back-paying entitlements," Ms Booth said.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Workplace Medical Consultants faces a penalty of up to $46,950 and Mr Zammitt faces a penalty of up to $9,390.
The regulator is also seeking a court order requiring the company to comply with the Compliance Notice including calculating and rectifying any underpayments, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 26 July 2024.
