Insurance claims firm taken to court over underpayments

toy retailer, restaurant

An operator of an insurance claims management business in the Brisbane CBD is set to face court for underpaying a former staff.

According to the Fair Work Ombudsman, Alliance Property Consultancy Pty Ltd, which operated “Storm Assist”, and its sole director Adam Skilled Killackey are involved in the underpayment of the worker who worked as a full-time sales consultant between January and May 2021.

A Fair Work Inspector issued a Compliance Notice to Alliance Property Consultancy in August 2021 after having determined that the worker had been underpaid entitlements owed under the Miscellaneous Award 2020 and the Fair Work Act, as well as having been underpaid accrued but untaken annual leave entitlements at the end of his employment.

The FWO also pointed out that Alliance Property Consultancy and Killackey, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.

“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers,” commented Fair Work Ombudsman Sandra Parker

The Fair Work Ombudsman is seeking penalties. Alliance Property Consultancy faces a penalty of up to $33,300 and Killackey faces a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice. It is also seeking an order for Alliance Property Consultancy to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus interest.

A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 13 June 2022.