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A Sydney company director has been fined $16,900 for his involvement in the underpayment of eight of his former staff.

The workers – who received no money at all for weeks on end – were underpaid a total of more than $31,000.

NSW Chief Industrial Magistrate Greg Hart imposed the penalty against Ryan Marsh, of Botany, following a prosecution by the Fair Work Ombudsman.

The Court ordered that the money be reimbursed to eight workers who were underpaid by Marsh’s company, Asteria Joinery Pty Ltd.

It had previously instructed Asteria Joinery to repay the underpaid workers, but the company is now in liquidation and the Order was unlikely to be met.

Handing down his decision, Chief Industrial Magistrate Hart said that when Asteria fell behind in payments to its employees, Marsh had “cajoled them into continuing to work by making promises to the effect that they would get their money ‘next week’ - but that over time, it was found that his promises in that regard were empty and the employees in question worked for some weeks without any payment whatsoever”.

“Later, when the employees resigned for the purpose of seeking other employment, there were underpayments of annual leave entitlements and annual leave loading. Upon investigation, it was found that even during the period that the employees were being paid, they were not receiving their entitlements to overtime, and in some cases, other allowances".

The underpayments occurred between November, 2008 and January, 2009.

A Fair Work inspector discovered the alleged underpayments when investigating complaints made by workers last year.

Employers seeking assistance can contact Inspire Success Fair Work Support on 1300 620 100 from 8am-6pm weekdays.
At Inspire Success, we specialise in helping to create high performing workplaces that are customer focused, free of conflict and profitable. Whether your business is small or large, we can help you to better manage the people part of business through customised consulting services and a range of professionally developed tools.

www.inspire-success.com
phone: 1300 620 100

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