The Fair Work Ombudsman has commenced legal action against a health food retailer in regional NSW for allegedly breaching Fair Work Commission orders by failing to pay compensation to two unfairly dismissed workers.
Facing court is Rainbow Wholefoods Pty Ltd, which is based in Lismore.
Also facing court is company director and shareholder, Anthony Stillone.
In April 2021, the Fair Work Commission found that in July 2020, Rainbow Wholefoods Pty Ltd unfairly dismissed two workers, a manager and a shop assistant, it had employed since 2015 and 2018, respectively.
The Fair Work Commission ordered the company to pay $31,280 compensation to the manager and $19,687.20 compensation to the shop assistant, within three weeks.
The workers lodged requests for assistance with the Fair Work Ombudsman after the company allegedly failed to make the payments.
The Fair Work Ombudsman commenced an investigation and attempted to secure voluntary compliance before commencing legal action.
Fair Work Ombudsman Sandra Parker said the legal action would reinforce the importance of the Commission’s orders.
“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with,” Ms Parker said.
“The Fair Work Ombudsman is clearly prepared to take legal action to ensure that employees receive compensation they are lawfully entitled to.”
It is alleged that Rainbow Wholefoods Pty Ltd and Mr Stillone breached the Fair Work Act by failing to comply with two Fair Work Commission orders. The Fair Work Ombudsman is seeking penalties against each of them.
The company faces penalties of up to $66,600 per contravention, and Mr Stillone faces penalties of up to $13,320 per contravention.
The Fair Work Ombudsman is also seeking a court order for the company to pay the outstanding compensation owed to the workers, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney for 12 November 2021.
