The Fair Work Ombudsman has reported that a fine has been handed to the part-owner and manager of a defunct Dubbo-based road freight operator.
Graeme John Doble was fined $13,200 by Sydney's Federal Circuit Court for underpaying two employees at Doble Express Transport, before the business went into administration last year.
The Fair Work Ombudsman pursued both Doble and his company in the case, alleging that in fact three employees – two at Dubbo and one at Orange – were underpaid between 2007 and 2013 by a total of almost $240,000.
While the action against the business was stayed after it went into administration, the Fair Work Ombudsman continued to pursue Graeme Doble for his involvement in the underpaying of the two Dubbo employees.
It was alleged the employees were paid a flat hourly rate of between $17 and $19 an hour, with no concessions made for overtime, shift work, and work conducted on public holidays. Meal and travel allowances were also underpaid, as were casual loadings and annual leave payments, while record-keeping laws were also breached.
Judge Sylvia Emmett said that while Doble Express Transport had worked with authorities and made over $100,000 available to various creditors, it was uncertain how much the underpaid employees would receive, and so Graeme Doble's fine would partially go towards rectifying their underpayment.
Judge Emmett said the outcome of the case should serve as a timely reminder to company directors that they can face personal liability for their actions.