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Do not take on the FWO!

News >> Employment Practices Liability

Fail to summon your organisation’s employment records in a timely manner and you too could face the FWO’s wrath – and a hefty fine.
A Perth-based company director has been fined by the Federal Magistrates Court for refusing to provide staff employment records to the FWO.
According to an FWO statement, the court found that Jack Craig Garber, of Mirrabooka, had shown “a consistent unwillingness to co-operate with the Fair Work Ombudsman”.
It added that the court also noted that Garber had “belligerently expressed threats of legal action” at the FWO and had shown no “credible regret or a real willingness to facilitate the course of justice”.
Federal Magistrate Toni Lucev said Garber’s conduct “stifled” the FWO’s ability to conduct a proper investigation into complaints by two of his employees.
“Such conduct undermines the objects and purposes of the Fair Work Act,” Lucev said in a 22-page decision released in Perth this week.
Garber was sole director and secretary of Nerd Group, which operated a computer retail and repair business at Malaga trading as the “Nerd Shop”.
After finding that Garber had deliberately refused to comply with FWO requests to provide employment documents, Lucev imposed a penalty of $5,280 - 40% of the maximum possible penalty of $13,200.
The FWO had also commenced proceedings against Nerd Group Australia Pty, but had to cease the action when Garber’s company went into liquidation.
 

Last changed: Dec 24 2012 at 1:49 PM

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