Fair Work Ombudsman pursuing action against Brisclean
The owner of a Brisbane cleaning business is facing court after allegedly underpaying four overseas workers.
The Fair Work Ombudsman has commenced action against Bijal Girish Sheth in the Federal Circuit Court.
Mr Sheth’s company, Brisclean Pty Ltd, allegedly underpaid the four employees a total of $59,878 for work carried out between August 2012 and December 2014.
Brisclean was placed into administration late last year, restricting the Fair Work Ombudsman from pursuing legal action against it.
The ombudsman is seeking civil penalties against Mr Sheth instead, as well as a Court Order for him to personally back-pay the workers.
Mr Sheth allegedly breached sham contracting laws by deliberately misclassifying the employees as contractors.
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This resulted in the employees not being payed proper minimum hourly rates, annual leave entitlements, part-time and shift loadings and penalty rates for weekend public holiday and overtime work.
Ombudsman Natalie James said Mr Sheth’s failure to engage and comply with multiple requests to assist the Agency’s investigation was a factor in deciding to take the matter further.
If found guilty, Mr Sheth could be forced to back-pay the workers and pay a maximum penalty of $10,200 per offence.
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This is a copy of an article from www.brisbanetimes.com.au posted on 3 June 2016.