2 hours ago
2
A Brisbane-based transport company has been ordered to pay more than $30,000 in penalties to the Fair Work Ombudsman after failing to pay compensation to a truck driver it unfairly dismissed.
The Federal Circuit and Family Court imposed a $26,292 penalty on Michael Lawler Transport Pty Ltd and a $5258 penalty on Michael Lawler, the company’s part-owner and sole director, after it refused to comply with a Fair Work Commission order to compensate its former employee Harish Kumar.
Kumar was employed by the transport company from July 2022. He was let go without explanation in November 2023.
Michael Lawler Transport Pty Ltd and its owner have been ordered to pay over $30,000 in penalties.Credit: Scott McNaughton
According to documents filed to the Fair Work Commission last year, the disagreement began when Lawler asked Kumar to wash a company truck.
Kumar said he had performed a “normal wash” on the truck, but had been asked to do an “acid wash”, which he would not do in heavy rain as it would be “slippery” and unsafe.
The following morning, Kumar was given shifts to drive to Caboolture at 6.10am. He was later contacted by Lawler who told him “not to come to work for a while”.
Kumar contacted Lawler that afternoon, writing: “I understand you are unhappy with me after not cleaning the truck, yet as I explained, the task was [not] possible to complete under such heavy rainfall due to it being life-threatening.”
He continued that he loved his job, but “I love being alive more” and asked for an explanation of Lawler’s comment that he should not attend work “for a while”.
“Am I being fired? Am I receiving a warning? Am I on paid leave? Please explain,” he wrote.
On November 24, Kumar told Lawler that he had not yet received his last week’s pay. He followed up just over a week later, asking for confirmation of his employment status.
Loading
After getting no response, Kumar lodged an unfair dismissal application with the Fair Work Commission.
Between January and April 2024 several attempts were made to contact Lawler and arrange conciliation meetings. In April, he lodged forms in response to Kumar’s unfair dismissal claim but failed to attend the in-person hearing in May.
Lawler claimed Kumar was not dismissed but did not provide further evidence as to why he had not received shifts since November 21, 2023.
The Fair Work Commission found that Kumar’s dismissal following the truck washing incident “was harsh, unjust and unreasonable” and ordered Lawler to pay $27,280 in compensation.
After Michael Lawler Transport Pty Ltd failed to comply, Kumar sought assistance from the Fair Work Ombudsman, which began legal proceedings this year and secured $31,550 in penalties from Lawler.
The court has also ordered the company to make the outstanding compensation payment of $12,280 to Kumar.
Fair Work Ombudsman Anna Booth said the outcome served as a warning to business operators that failed to comply with workplace laws.
“We will take legal action to hold employers accountable and ensure employees receive compensation,” Booth said.
“The total penalties in this case – exceeding the original compensation order – highlight what is at stake when respondents fail to act on Commission orders.”
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
Most Viewed in National
Loading
