The Fair Work Ombudsman has commenced legal action against the former director of a Melbourne electrical services company.
Facing court is Wilson Gonergbai Dahn, who was a director of Dahn Group Pty Ltd, which provided services including supplying and installing solar panels, before it went into liquidation.
The Fair Work Ombudsman received requests for assistance from five workers employed by the company for various periods between August 2021 and August 2023.
Three were young workers, including a Nepalese international student engaged as a sales manager aged 23 during his employment, an apprentice electrician aged 19-20 at the time, and an administration assistant aged 21 at the time.
The two other workers were engaged as an electrician and a trade assistant.
The Fair Work Ombudsman investigated and a Fair Work Inspector issued two Compliance Notices to Dahn Group - in March and July, 2024 - after forming a belief that the company had underpaid the five workers.
The Inspector formed a belief that the workers were variously underpaid minimum wage rates for ordinary hours, allowances, overtime entitlements, Saturday penalty rates, and annual leave entitlements.
The Fair Work Ombudsman alleges Mr Dahn, without a reasonable excuse, was involved in failing to comply with the Compliance Notices, which required the calculation and rectification of any underpayments.
The entitlements were allegedly owed under the Electrical, Electronic and Communications Contracting Award 2020, Miscellaneous Award 2020, Clerks - Private Sector Award 2020 and the Fair Work Act's National Employment Standards.
Fair Work Ombudsman Anna Booth said the regulator would continue to take action where lawful requests such as Compliance Notices are not complied with.
"Business operators, including directors and others involved in workplace contraventions, should be aware that they can be held accountable even where a company has entered liquidation," Ms Booth said.
"Employers should also be aware that taking action to protect young and migrant workers is a priority for the FWO."
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The Fair Work Ombudsman is seeking penalties against Mr Dahn in court for his alleged involvement in the failure to comply with the two Compliance Notices. He faces a penalty of up to $18,780 per breach.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 15 December 2026.
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.
