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Details have emerged on the case of a former Melbourne fashion retailer and “repeat offender” who has been fined thousands for several breaches of workplace law.
Toorak man, Uri Burke, who operated CM’s Fashion outlets at various locations across Melbourne, has been fined by the Federal Circuit Court for underpayment and breaches of workplace law relating to record-keeping and failure to provide pay slips.
The $11,220 fine, which is 85 per cent of the maximum, was imposed after it was discovered that Burke has grossly underpaid one of his store managers.
The Court found Burke was involved in his company failing to pay $5,000 in annual leave entitlements to the manager of his St Kilda store when the employee resigned in February 2010. The Court ordered $5,000 of the total fine, plus $1,422 interest be paid to the employee within 60 days.
Federal Circuit Court Judge Frank Turner, found that the underpayment occurred in the same week that Burke was fined for similar underpayments to other employees.
Burke and his company had been fined $19,500 by the Melbourne Magistrates Court in 2010 for underpaying two employees $6,940.
Judge Turner said the respondent seemed to have known his obligations but “chose to avoid them”. He also described Burke as a “repeat offender” and said there was “no evidence of contrition”.
The Fair Work Ombudsman initially took action against Burke’s company, known as ACN 052 182 180 Pty Ltd (formerly Tovek Pty Ltd.) The company went into liquidation in September 2011, preventing penalties being imposed against the company.
However, in imposing the fines directly against Burke, Judge Turner added that Burke showed signs that he might “re-engage in a similar role in the future”.
“He must be deterred from engaging in similar conduct,” Judge Turner said.
Acting Fair Work Ombudsman, Michael Campbell, said the case serves as a warning to employers who completely disregard workplace law.
“This is a case in which workplace laws in relation to staff entitlements and the obligation to provide pay slips and maintain records was completely disregarded,” Campbell said.
“Employers need to ensure that their business is fully compliant with workplace law.
“Particularly in cases where there is evidence of deliberate and repeated avoidance of obligations, the Fair Work Ombudsman will not hesitate to instigate legal action.”
For more information on workplace law, go to: www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. A free interpreter service is available by calling 13 14 50.