Event and Time
Event Description
This case arises from the Fair Work Ombudsman's action against McNeill Investments Pty Ltd and their director, Jason Hood, for underpayment of employee Ms. Kelsey Didenko, along with non-compliance with a Notice to Produce documents and a Compliance Notice. The companies were established franchised outlets of Subway located at 23 and 25 Jetty Road, Glenelg.
Application and Claims
- The Fair Work Ombudsman (FWO) filed claims against McNeill Investments and its director Jason Hood for:
- Underpayment of staff, specifically Ms. Kelsey Didenko, regarding minimum wage entitlements and unpaid laundry allowances. - Non-compliance with issued notices to produce employment records and a compliance notice.
Judicial Decisions
- The Court ordered:
1. Jason Hood, as the director, to pay Ms. Kelsey Didenko $1,600 within 28 days. 2. A pecuniary penalty of $2,095 for non-compliance with industrial laws, to also be paid within 28 days to the Commonwealth.
Dispute Points and Legal Basis
Dispute Points
- Fair Work Ombudsman (FWO) Arguments:
- Alleged underpayment of Ms. Didenko under awarded minimum wages. - FWO issued Compliance Notices that were not adhered to, asserting accessorial liability of Jason Hood due to his director role.
- Jason Hood's Defense:
- Acknowledged director liability but argued he was not directly managing the business operations, leaving daily affairs to his brother Darryl, who faced significant health issues. - Claimed to have cooperated with the FWO to the best of his ability despite being estranged and unable to access necessary employment records. - Sought to mitigate penalties due to circumstances beyond his control.