Company sued over unpaid compensation to pregnant worker

An NSW business has been brought before the court for allegedly failing to comply with an order to compensate a pregnant worker who was unfairly dismissed.

The Fair Work Ombudsman has initiated legal proceedings against O’Malley’s Operations and its operations manager, Riley Panetta-Sleiman, for allegedly failing to comply with an order to compensate a worker who was unfairly dismissed.

The case centres on a bar and gaming attendant who worked at the Royal Hotel Granville through labour-hire company O’Malley’s Operations from October 2022 until her abrupt dismissal in May 2023, shortly after the business became aware of her pregnancy.

In a decision handed down in September 2023, the Fair Work commissioner Alana Matheson found that O’Malley’s Operations had unfairly dismissed the affected employee and ordered the company to pay her $6,095 in compensation within 14 days.

“I am satisfied that the dismissal of the [worker] was harsh, unjust and unreasonable because the [worker] was dismissed in an abrupt manner without prior notice after making her employer aware of her pregnancy for a reason provided to her that appears to be unrelated to her capacity or conduct,” Matheson said.

Despite efforts by the Fair Work Ombudsman (FWO) to secure voluntary compliance, the company allegedly failed to make the required payment after the affected worker sought assistance from the Ombudsman.

The FWO now alleges that the company breached the Fair Work Act by failing to comply with the compensation order and that Panetta-Sleiman was directly involved in the contravention.

Fair Work Ombudsman Anna Booth said legal action against O’Malley’s Operations was necessary to uphold the authority of the Fair Work Commission and protect workers’ rights.

“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with,” Booth said.

“A sum of more than $6,000 is significant for any worker, and the Fair Work Ombudsman is prepared to take legal action to ensure that employees receive all compensation they are lawfully entitled to.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”

If found liable, O’Malley’s Operations faces a maximum penalty of $93,900, while Panetta-Sleiman could be fined up to $18,780.

In addition to the penalties, the FWO is also seeking a court order requiring the company to pay the outstanding compensation to the worker, along with interest.