A BRISBANE woman has reached from beyond the grave to get square with a greedy boss who owed her $19,000 in unpaid wages. Picture: Chris Hyde Source: The Daily Telegraph
A BRISBANE woman has reached from beyond the grave to get square with a greedy boss who owed her $19,000 in unpaid wages.
It has been three years since her death, but Gail Keen's estate finally won what the former secretary was owed.
And in a further belated win for Ms Keen, who laid the foundation for the prosecution, her former employer and the company's sole director have been fined more than $53,000.
Ms Keen, who performed telemarketing and administrative duties for New Image Photographics Pty Ltd at Woolloongabba, pursued her boss for repayment after realising she had been short-changed.
But after lodging a complaint with the Fair Work Ombudsman, Ms Keen, aged in her 60s, died in 2010.
Ms Keen's husband requested the Ombudsman pursue the matter when the company refused to hand over what was owed.
The Ombudsman argued the company and its sole director, Bryan Bedington, failed to pay Ms Keen casual loading between 2006-2009 and failed to pay her the minimum wage between 2008-2008.
In a judgment delivered in the Federal Circuit Court of Australia in Brisbane on Wednesday, Judge Michael Jarrett was scathing of the company and Mr Bedington. "I accept the applicant's (Ombudsman's) submission that the contravention in this matter represent a failure to provide basic and important entitlements under workplace relations legislation," Judge Jarrett said.
"The purpose of the legislation is to provide a safety net which ensures adequate minimum entitlements to employees, particularly those who are in low-income roles.
"I accept that the total underpayment of $19,314.50 is significant given that the contravention only concerned one employee.
"Ms Keen (and subsequently her estate) was deprived of the financial benefits which timely payment of the correct wages and entitlements would have provided.
"A clear message needs to be sent to employers generally that underpayment of wages and entitlements is unacceptable."
He fined the company $42,900 and fined Mr Bedington $10,560.
Ms Keen's husband refused to comment yesterday but acting Ombudsman Michael Campbell said the case illustrated the lengths staff would go to for underpaid workers.
"We will not tolerate employers significantly underpaying employees' wages and then failing to promptly rectify the matter once it is brought to their attention," Mr Campbell said.
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