Underpaid staff claim
THE Fair Work Ombudsman has begun legal action against the operator of a Lovely Banks horse training business.
Sole trader Jessica Lee Schneider, who operates a business trading as Vengeance Performance Horses, is accused of underpaying young workers. The business is involved in retraining retired racehorses, predominantly for equestrian purposes.
Fair Work Ombudsman Sandra Parker said the regulator investigated after requests from two young workers who were employed part-time at Ms Schneider’s business for about three months and six months until January 2021.
The workers, aged 16 and 21 during their employment, performed duties associated with training and caring for horses. A Fair Work inspector issued compliance notices to Ms Schneider in March 2021 after forming a belief the workers had been underpaid minimum wages and weekend penalty rates under the Miscellaneous Award 2020.
The Fair Work Ombudsman alleges Ms Schneider, without reasonable excuse, failed to comply with the compliance notices, which required the company to calculate and backpay outstanding entitlements. It is alleged the company also failed to issue pay slips to the workers.
Ms Parker said the regulator would enforce workplace laws and take businesses to court where lawful requests were not complied with.
“A court can order a business to pay penalties in addition to back-paying workers,” she said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
In relation to the two alleged compliance notice breaches, Ms Schneider faces maximum penalties of $6660 per breach. She also faces a maximum penalty of up to $13,320 for the alleged failure to issue pay slips.
The Fair Work Ombudsman is also seeking a court order for Ms Schneider to take the action required by the compliance notices, including calculating and rectifying any underpayments in full, plus superannuation and interest.
A directions hearing has been listed in the Federal Circuit and Family Court in Melbourne on December 13.
Visit fairwork.gov.au or call 13 13 94 for free assistance about workplace rights and obligations