An NDIS provider is facing court action after allegedly failing to pay unfair dismissal compensation to a former employee.
The Fair Work Ombudsman has commenced the legal action in the Federal Circuit and Family Court in Melbourne.
NDIS provider in court
OzNDIS Pty Ltd provides support services in Victoria under the National Disability Insurance Scheme.
In addition to the company, its sole director, Fabian Robinson, is also facing court.
In January 2022, the Fair Work Commission found that OzNDIS had previously unfairly dismissed a worker.
The Commission ordered the company to pay the worker $4,038 in compensation before February 2022, however, it allegedly failed to do so.
The Fair Work Ombudsman alleges OzNDIS breached the Fair Work Act by failing to comply with the Fair Work Commission compensation order.
Compensation orders not optional
Meanwhile, industrial advocate Miles Heffernan said compensation orders are not optional.
“Employers who fail to comply with compensation orders from the Fair Work Commission or Fair Work Ombudsman will soon find themselves before the courts,” he siad.
“In addition to the penalties, they will also cop hefty financial penalties.”
Integrity of workplace relations system
Acting Fair Work Ombudsman Kristen Hannah said the legal action reinforces 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.”
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For allegedly failing to comply with the Fair Work Commission order, OzNDIS faces a penalty of up to $66,600.
Meanwhile, 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.
The Federal Circuit and Family Court has a directions hearing in Melbourne on 6 July 2023.
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