The Fair Work Ombudsman has commenced legal action against the operators of a business providing support services in Victoria under the National Disability Insurance Scheme for allegedly failing to comply with an unfair dismissal compensation order.
Facing court are OzNDIS Pty Ltd, which operates a business registered in Mornington, and the company’s sole director, Fabian Robinson.
In January 2022, the Fair Work Commission found that in August 2021 OzNDIS unfairly dismissed a worker.
The Fair Work Commission ordered the company to pay the worker $4,038.45 in compensation by February 2022.
The Fair Work Ombudsman alleges OzNDIS breached the Fair Work Act by failing to comply with the Fair Work Commission compensation order. It is alleged Mr Robinson was involved in the breach.
Acting Fair Work Ombudsman Kristen Hannah said the legal action would reinforce the importance of complying with Fair Work Commission orders.
“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with,” Ms Hannah said.
“The Fair Work Ombudsman is prepared to take legal action to ensure that employees receive all owed compensation and entitlements.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
For allegedly failing to comply with the Fair Work Commission order, OzNDIS faces a penalty of up to $66,600 and Mr Robinson faces a penalty of up to $13,320.
The Fair Work Ombudsman is also seeking court orders for the company to pay the outstanding compensation owed to the employee, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 6 July 2023.