The Fair Work Ombudsman has commenced legal action in the against the operator of a chauffeur business in Adelaide.
Facing court is Mr Barry Ciotti, a sole trader who operates a business trading as Adelaide Chauffeur Company.
The regulator began an investigation after receiving a request for assistance from a worker who the company employed as a casual chauffeur and ride share driver in February and March 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Ciotti in April 2021 after forming a belief the worker was underpaid minimum wages for ordinary hours and casual loading owed under the Passenger Vehicle Transportation Award 2020.
The inspector also formed a belief the employee was not paid at all for the hours of work performed in the last two weeks of his employment period.
The FWO alleges Mr Ciotti, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the employee's entitlements.
Fair Work Ombudsman Sandra Parker 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 in addition to back-paying workers."
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance," Ms Parker said.
The FWO is seeking a penalty. Mr Ciotti faces a penalty of up to $6,660 for failing to comply with the Compliance Notice.
The regulator is also seeking a court order for Mr Ciotti to take the action required by the Compliance Notice, including calculating and rectifying underpayments in full to the former employee, plus interest and superannuation.
A directions hearing has been listed in the Federal Circuit and Family Court on 4 November 2021.
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. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.
