School allegedly underpaid four part-time workers, according to FWO
The Fair Work Ombudsman has initiated legal action against the operator of a Chinese language school that received a Compliance Notice after alleged underpayments for four employees.
The FWO is alleging that Western Chinese Language School failed to comply with a Compliance Notice that ordered it calculate and back-pay the workers' entitlements.
"Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers," said Acting Fair Work Ombudsman Michael Campbell in a statement.
Baoquan Chen, former chairperson of the incorporated association's school council, is also facing the court for being involved in the contravention and could be facing a penalty of up to $6,660. The school, on the other hand, could be facing up to $33,300 of penalty for failing to comply with the Compliance Notice.
The FWO also wants a court order issued to require the school to rectify the alleged underpayments in full, plus interest and superannuation.
School's alleged underpayments
The Compliance Notice came after a Fair Work Inspector believed that four part-time workers at the Chinese language school were underpaid Saturday and public holiday penalties, and were not paid accrued but untaken annual leave entitlements at the end of their employment.
The entitlements were reportedly owed under the Social, Community, Home Care and Disability Services Industry Award 2010 and the Fair Work Act's National Employment Standards, according to the FWO.
Hearing is scheduled on May 3, 2024, listed in the Federal Circuit and Family Court in Melbourne.
