Security firm up for back pay
WHEN Lismore security guard Robert Bou-Hamdan examined his pay slip, he realised something wasn’t right.
In September, the law student decided to call the Fair Work Ombudsman.
Mr Bou-Hamdan was eventually paid his full entitlements by his then-employer, Damien Peter Love, of security firm Drymist Holdings. But as many as 22 casual staff are still waiting for almost $75,000.
Yesterday, the Ombudsman announced it has launched a prosecution against Mr Love, Drymist’s sole director, and his wife Tammy Leigh Love, who is a part-owner of the company.
Documents lodged in the Federal Magistrates Court in Sydney allege Mr and Mrs Love underpaid casual security staff a total of $74,389, with one worker owed $10,355.
It is alleged that during 2007 and 2008, the security officers were paid according to rates stipulated in Australian Workplace Agreements (AWAs) lodged with the Workplace Authority.
However, the AWAs failed to pass the ‘fairness test’ and the company was ordered to pay the staff their rightful entitlements, which it allegedly failed to do.
Fair Work Ombudsman NSW director Mark Davidson said he decided to prosecute the Loves because of the significant amounts involved and their repeated failure to rectify them.
The Fair Work Ombudsman alleges that Mr and Mrs Love committed multiple contraventions of workplace laws. They each face a maximum potential penalty of $6600 per breach.
Mr Love could not be contacted for comment yesterday, but he has previously denied any wrongdoing to The Northern Star.
The case is listed for mention in the Federal Court on December 17.