The Fair Work Ombudsman has commenced legal action against second-hand watch retailer, Watch Trader Pty Ltd and sole director Darryl John Middleton, for failing to comply with a Compliance Notice.
The regulator issued the business a Compliance Notice in May 2021, after receiving a request for assistance from a sales support worker at the retailer.
Following an investigation, a Fair Work inspector formed a belief the worker had not been paid entitlements owed under the General Retail Industry Award 2010, General Retail Industry Award 2020 and the National Employment Standards.
The inspector also believed that the worker, who was a student visa holder, was underpaid their minimum wages and their accrued but untaken annual leave entitlements on termination of their employment.
The Fair Work Ombudsman alleges Watch Trader, without reasonable excuse, failed to comply with the Compliance Notice, which required the company to calculate and back-pay the worker's outstanding entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would not hesitate to take businesses to court where lawful requests are not complied with.
"Where employers do not comply, we will take appropriate action to protect employees.
"A court can order a business to pay penalties in addition to back-paying workers.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance, she said.
The Fair Work Ombudsman is seeking penalties against Watch Trader and Middleton.
The company faces a maximum penalty of up to $33,300, while Middleton faces a maximum penalty of up to $6,660.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying any underpayments in full to the worker, plus interest and superannuation.