![]() ![]() Fair Work Infoline: 13 13 94 Media Release 10 Dec 2009 Court fines Hobart hotel for underpaying assistant manager The operators of Hobart’s Macquarie Motor Inn have been fined more than $63,000 for underpaying a former assistant manager. Crown Trading Group Pty Ltd, which operates the hotel, has been fined $52,800 and its sole director Kurt Braune a further $10,560. The penalties are the result of a prosecution by the Fair Work Ombudsman in the Federal Magistrates Court in Hobart. Braune and Crown contravened workplace law by underpaying the former employee a total of $28,441 in overtime and annual leave entitlements. As well as imposing the fines, Federal Magistrate Philip Burchardt also ordered Crown to back-pay the worker $8041 still owing, plus $5846 interest after it only partially reimbursed her earlier this year. In his judgment, FM Burchardt said the case “calls very strongly for general deterrence”. “This is an industry which is notoriously difficult and which has given rise to numerous cases, including a number before me, involving underpayments of the sort which are indicated here,” he said “In this case, the tenor of the submissions made by counsel for the respondents strongly suggests that there is no contrition whatsoever for the conduct that gave rise to these proceedings”. The former assistant manager worked up to 70 hours a week from October, 2004 to August, 2007 but was paid for only 40 hours. Overtime worked was ‘banked’. She resigned in August, 2007 after her requests for accrued overtime and annual leave entitlements to be paid-out were refused. Instead, she was offered instalments of $800 a week. The Fair Work Ombudsman investigated the matter after the woman complained, but launched court action after Crown refused to pay her entitlements. Fair Work Ombudsman Tasmanian Director Glenn Jordan says the case sends a clear message to others that failing to pay employees their lawful entitlements is a serious matter which can prove costly for wrong-doers. The Fair Work Ombudsman promotes harmonious, productive and co-operative workplaces. It also monitors compliance and investigates breaches of national workplace laws. Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au For translations call 13 14 50. Media inquiries: Craig Bildstien, 0419 818 484. Ryan Pedler, 0434 365 924. |