The Fair Work Ombudsman has commenced legal action against a carpenter in Victoria for allegedly threatening to sack an unwell young apprentice if he took sick leave.
Facing court is Caleb Geoffrey Stubbs, a sole trader who has operated a business trading as CS Carpentry Geelong, based in the Geelong area.
The Fair Work Ombudsman investigated after receiving requests for assistance from two 18-year-old workers Mr Stubbs employed at his business.
Mr Stubbs employed one of the workers as an apprentice carpenter between November 2022 and January 2023 and the other as a casual construction worker for a week in November 2022.
The Fair Work Ombudsman alleges that on the morning of 19 January 2023, the apprentice worker sent Mr Stubbs a message on social media platform Snapchat indicating he was unwell and would not be able to work that day.
It is alleged that by threatening to not pay the apprentice for a week if he didn't come to work and to terminate his employment if he took personal leave in the future, Mr Stubbs breached the Fair Work Act by taking adverse action against the apprentice for exercising or proposing to exercise his workplace right to take personal leave.
The Fair Work Ombudsman alleges Mr Stubbs also breached the Fair Work Act by failing to comply with a Compliance Notice issued to him in April 2023 after a Fair Work inspector formed a belief Mr Stubbs had not fully paid the apprentice's and the casual worker's entitlements.
The inspector formed a belief Mr Stubbs had not fully paid the workers' minimum wages for ordinary hours, as well as the apprentice's public holiday and leave entitlements, owed under the Building and Construction General On-site Award 2020 and the Fair Work Act's National Employment Standards.
It is alleged Mr Stubbs also breached pay slip laws.
Acting Fair Work Ombudsman Rachel Volzke said there was no place for adverse action by employers against workers for exercising their workplace rights.
"Sick leave is a fundamental lawful entitlement," Ms Volzke.
"Workers have a right to access their leave entitlements without negative consequences.
"Employers should also be aware that taking action to protect employees who may be vulnerable, such as young workers, and improving compliance in the building and construction industry are priorities for the Fair Work Ombudsman.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court for multiple alleged contraventions. Mr Stubbs faces penalties of up to $8,250 for the alleged failure to comply with a Compliance Notice or $16,500 for each of the alleged pay slip and adverse action contraventions.
The regulator is also seeking an order requiring Mr Stubbs to comply with the Compliance Notice, including calculating and rectifying any outstanding entitlements, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 21 May 2026.
The Fair Work Ombudsman's website has information about protections at work, including against adverse action.
