Alleged unpaid $24k to unfairly dismissed worker sees Sydney dance studio taken to court
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CareToDance is facing court action brought by the Fair Work Ombudsman after allegedly failing to fulfil a compensation order.
The worker in question, a Filipino national on a skilled working visa, taught as a dance instructor from January 2023 until July 2024 at CareToDance, when the dismissal took place. In December of that year, the Fair Work Commission ordered $24,469 in compensation to be paid within 21 days.
The Fair Work Ombudsman (FWO) commenced legal action against the studio and company director Cristian Basescu after the worker requested assistance, and following attempts to secure voluntary compliance, which the FWO alleged were not successful.
Fair Work Ombudsman Anna Booth highlighted the importance of complying with Fair Work Commission orders. “A sum of more than $24,000 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,” she said.
“We treat cases impacting visa holders particularly seriously, because we are conscious they can be vulnerable due to factors such as a lack of awareness of their entitlements or a reluctance to complain.”
In the eight financial years to June 2025, the FWO had filed 171 proceedings on behalf of visa holders and secured more than $39 million for these workers.
Booth said: “Visa holder workers should know that protections exist for their visa if they reach out.”
For alleged failure to comply, CareToDance faces a potential penalty of up to $99,000, while its director, Basescu, faces up to $19,800. The FWO is also seeking a court order for interest to be paid on the outstanding compensation.
A directions hearing is set for 23 March 2026 in the Parramatta Federal Circuit and Family Court.
RELATED TERMS
Compensation is a term used to describe a monetary payment made to a person in return for their services. Employees get pay in their places of employment. It includes income or earnings, commision, as well as any bonuses or benefits that are connected to the particular employee's employment.
Compliance often refers to a company's and its workers' adherence to corporate rules, laws, and codes of conduct.
Amelia McNamara
Amelia is a Professional Services Journalist with Momentum Media, covering Lawyers Weekly, HR Leader, Accountants Daily and Accounting Times. She has a background in technical copy and arts and culture journalism, and enjoys screenwriting in her spare time.