Fair Work Ombudsman v Davdot Pty Ltd

Case

[2018] FCCA 2682

21 September 2018


Details
AGLC Case Decision Date
Fair Work Ombudsman v Davdot Pty Ltd [2018] FCCA 2682 [2018] FCCA 2682 21 September 2018

CaseChat Overview and Summary

The Fair Work Ombudsman (FWO) brought proceedings against Davdot Pty Ltd in the Federal Circuit Court of Australia concerning contraventions of the *Fair Work Act 2009* (Cth). The dispute centred on Davdot's failure to pay employees their entitlements in accordance with an applicable award and its failure to provide those employees with payslips. The FWO sought the imposition of penalties against the company for these breaches.

The primary legal issues before the Court were whether Davdot had contravened specific provisions of the *Fair Work Act* by failing to pay award entitlements and by failing to issue payslips, and if so, what penalties should be imposed. The Court was required to assess the seriousness of the contraventions and consider the relevant factors for penalty determination under the Act.

Judge Riethmuller found that Davdot had indeed contravened the *Fair Work Act* by failing to pay its employees the minimum entitlements prescribed by the relevant award, and by failing to provide them with compliant payslips. In imposing penalties, the Court considered the nature and extent of the contraventions, the duration of the non-compliance, and the need to deter future breaches by Davdot and other employers. The Court ordered Davdot Pty Ltd to pay penalties totalling $10,200.
Details

Areas of Law

  • Employment Law

  • Statutory Interpretation

Legal Concepts

  • Penalty

  • Remedies

  • Statutory Construction

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Cases Citing This Decision

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Cases Cited

2

Statutory Material Cited

3

Kelly v Fitzpatrick [2007] FCA 1080