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THE former operator of Wedderburn Caltex has been fined $20,000 for refusing to pay unfair dismissal compensation to its former manager.
The company, Wedderburn Petroleum Ptd Ltd, was fined in the Federal Circuit Court for failing to comply with a Fair Work Commission order to pay the former manager $5000 compensation.
The commission found the employee had been unfairly dismissed in 2013 after working as the manager and console operator for two-and-a-half years.
The employee contacted the ombudsman for help after the compensation was not paid within the required 14 days of the order.
Wedderburn Petroleum must also pay the $5000 compensation, in addition to the $20,000 fine.
The fine comes on top of a $123,915 penalty handed down to the company by the Federal Circuit Court last year for underpaying two console operators almost $50,000.
Fair Work Ombudsman Natalie James said the agency had the power to enforce orders handed down by the Fair Work Commission.
”Building a culture of compliance with workplace law is important, and employers should be aware that we are prepared to take action where appropriate,” she said.
Wedderburn Petroleum was first contacted by the ombudsman in 2010 when it found the company was deliberately underpaying employees.
Two female employees – aged in their 20s and 50s – were underpaid amounts of $25,600 and $21,600 between 2008 and 2013.
Their hourly rate was as little as $10.
The High Street Caltex closed in September 2013, but re-opened less than two weeks later with new owners and management.
The Wedderburn Petroleum matter is the second Fair Work Ombudsman litigation finalised in court relating to a failure to pay unfair dismissal compensation.