Fair Work Ombudsman v Glasshouse Mountains Tavern Pty Ltd

The Fair Work Ombudsman brought proceedings against Glasshouse Mountains Tavern Pty Ltd (GMT) concerning alleged underpayments to an employee, Ms Julie Dowdell. The dispute centred on GMT's failure to pay Ms Dowdell her accrued leave entitlement upon termination of her employment and a deduction made from her pay for a work-related course. The matter was heard in the Federal Circuit Court of Australia before Judge Burnett.

The court was required to determine whether GMT had contravened the *Fair Work Act 2009* (Cth) and the *Hospitality Industry (General) Award 2010* (the Award). Specifically, the court had to consider whether Ms Dowdell was entitled to personal/carer's leave for the period of 21 December 2010 to 2 January 2011, and whether GMT's refusal to accept her medical certificates and subsequent failure to pay her accrued leave entitlement upon termination constituted a contravention. Additionally, the court needed to ascertain whether the deduction from Ms Dowdell's pay for a work-related course was lawful. A further issue was whether Ms Dowdell was covered by the Award, particularly in light of arguments that she might have been considered senior management.

Judge Burnett found that GMT had contravened the *Fair Work Act* and the Award. The court applied section 107 of the *Fair Work Act*, which outlines notice and evidence requirements for personal/carer's leave. It was established that Ms Dowdell provided a medical certificate from Dr Jim Williams on 21 December 2010, which stated she was unfit for her usual occupation. Despite subsequent exchanges and GMT's questioning of the sufficiency of the initial certificate, Ms Dowdell provided further medical evidence, including a detailed certificate from Dr Karen Redmond, which satisfied a reasonable person that her leave was taken for a reason specified in section 97 of the Act. The court concluded that GMT's refusal to accept the medical certificates and its subsequent actions amounted to a failure to pay accrued leave entitlements upon termination. The court also found that Ms Dowdell was covered by the Award, rejecting the argument that she was senior management.

The court ordered that Glasshouse Mountains Tavern Pty Ltd pay the outstanding entitlements to Ms Dowdell and imposed penalties for the contraventions.