An operator of a trolley collecting business in regional NSW is set to face the Federal Circuit Court for the alleged underpayment of a former employee.
According to the Fair Work Ombudsman, Mahmoud Hasan Abulamoun, who operated a trolley collection business at the Green Hills East Maitland Shopping Centre, unfairly dismissed an employee in May 2020. The employee was a trolley collector who had been working for Abulamoun since September 2018.
As a result of the investigation, the Fair Work Commission ordered Abulamoun to pay the worker $2817.39 compensation. Abulamoun failed to comply with the order and instead tried to appeal the decision but was unsuccessful in doing so. Despite losing the appeal, the employer failed to comply with a Fair Work Commission order to backpay the employee.
Fair Work Ombudsman Sandra Parker said that the legal action would reinforce the importance of the Commission’s orders.
“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with,” Parker said. “The Fair Work Ombudsman is clearly prepared to take legal action to ensure that employees receive compensation they are lawfully entitled to.”
Abulamoun faces a penalty of up to $12,600, as well as a court order to pay the outstanding compensation owed to the employee, plus interest.
A directions hearing is set to be held in the Federal Circuit Court in Sydney on 7 May 2021.