Fair Work Ombudsman v Dosanjh

The Fair Work Ombudsman (FWO) brought proceedings against Mr. Gurpreet Singh Dosanjh (Dosanjh) in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Dosanjh, specifically relating to the underpayment of an employee and the failure to keep accurate employee records. The FWO sought pecuniary penalties for these alleged breaches.

The primary legal issue before the Court was whether Dosanjh had contravened section 535(1) of the *Fair Work Act 2009* (Cth) by failing to keep accurate and complete employee records in relation to a particular employee, and whether this failure constituted a contravention of section 535(2) of the Act. The Court also considered whether Dosanjh had contravened section 536(1) of the Act by failing to provide the employee with a record of employment.

In his reasoning, Judge Altobelli found that Dosanjh had indeed contravened section 535(1) of the Act by failing to keep accurate and complete records for the employee. The Court determined that the records provided were insufficient and did not accurately reflect the employee's hours of work and entitlements. Consequently, the Court found that Dosanjh had also contravened section 536(1) by failing to provide the employee with a record of employment. The Court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act 2009* (Cth), focusing on the objective requirements for record-keeping and the provision of employment records to employees.

The Court ordered Dosanjh to pay a penalty of $1,200 for the contravention of section 535(1) and a penalty of $1,200 for the contravention of section 536(1), totalling $2,400. Dosanjh was also ordered to pay the FWO's costs.