The fact that an employer is a small business, that is
having fewer than 15 employees, does not stop significant penalties being
imposed upon it for proven breaches of the Fair Work Act.
Whatever size its business, an employer, must comply with
the law.
This much is plain from the decision in FWO v Windaroo Medical Surgery Pty Ltd & Others (No 2) [2016] FCCA
2505.
In this case the Federal Circuit Court awarded penalties
totalling $51,480 against the employer and two managers, who had been involved
in breaches of the Act.
The employer threatened an employee doctor not to complain
to the Fair Work Ombudsman about non-payment of his salary.
The doctor resigned and left Australia but the Fair Work
Ombudsman took action not only to recover amounts owing to the doctor but also
to ensure that employers understand that breaches of the Act have consequences.
The decision is a clear signal that employers and their
managers, whatever their size, can expect stiff treatment for infringing a
workers rights.
There are strong protections in the Fair Work Act to ensure
that workers are not subjected to adverse action. Employers should make sure they get legal
advice from a workplace relations specialist before acting hastily. Equally
workers who believe they have been treated unfairly should act quickly to
protect their rights. Generally all rights to take action under the Act for
unfair or unlawful dismissal must be done within 21 days of being sacked.
