The Fair Work Ombudsman has commenced legal action against the operators of two hair dressing salons in western Sydney for allegedly failing to comply with a Fair Work Commission order to pay compensation to an unfairly dismissed teenage worker.
Facing court are Hair & Co Pty Ltd, which operates the 'Hair & Co' salons at Eastern Creek and Bonnyrigg, and the company's owner and sole director Jalal El Hallak.
Hair & Co had employed the worker, an apprentice hairdresser, from October 2021 to February 2023, when she was aged 16-17.
In 2023, the Fair Work Commission found that Hair & Co had unfairly dismissed the worker and ordered the company to pay the worker $14,678 compensation, plus $1,541 superannuation, within two weeks.
The Fair Work Ombudsman alleges the company failed to make the payments to the worker, and that Mr El Hallak was involved in this failure to comply with the Fair Work Commission order.
The Fair Work Ombudsman attempted to secure voluntary compliance but alleges that the compensation remains unpaid.
Fair Work Ombudsman Anna Booth said the legal action would reinforce the importance of complying with Fair Work Commission orders.
"It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with," Ms Booth said.
"The Fair Work Ombudsman is prepared to take legal action to ensure that employees receive all compensation they are lawfully entitled to."
"Employers also need to be aware that taking action to protect vulnerable workers, such as young workers, is one of our enduring priorities.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance."
For allegedly failing to comply with the Fair Work Commission order, Hair & Co Pty Ltd faces a penalty of up to $82,500. Mr El Hallak faces a penalty of up to $16,500.
The Fair Work Ombudsman is also seeking a court order for the company to pay the outstanding compensation and superannuation owed to the employee, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 19 February 2025.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace.
