Worker gets square from beyond grave

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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Factory worker dies in accident

A man was killed after an accident at a factory in Bayswater North. Picture: Rob Leeson Source: Herald Sun

Clipsal Drive, Bayswater North

A MAN was killed in front of two mates when he was pinned by a gate in Melbourne's east.

The car hobbyists were leaving the industrial premises on Clipsal Drive, Bayswater North, at about 8.30pm when a mechanical sliding gate fell from its track.

The 500kg steel gate landed on one of the men, a Croydon man in his early 30s, pinning him against a vehicle.

Emergency workers tried to revive the man but he died at the scene.

The man’s friends, believed to be a Ringwood East man, 55, and a 44-year-old Donvale man, were not injured.

Police and WorkSafe investigators are at the scene and will prepare a report for the Coroner.

angus.thompson@news.com.au

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Youth worker had affair with boy

POLICE are investigating a former staffer from a youth detention centre and her sexual relationship with a criminal inmate.

The female youth worker at the Melbourne Juvenile Justice Centre in Parkville quit once her affair with the boy, who is aged under 18, was exposed.

Department of Human Services has launched its own probe into the relationship, which it described as a breach of "professional boundaries".

The Herald Sun can reveal the relationship started soon after the inmate was freed from serving his time.

But questions have been raised about what was happening behind prison walls.

It is understood the youth and the 26-year-old female became close while he was serving out his jail sentence - but there was no physical interaction in jail.

Victoria Police media spokeswoman Sergeant Jo Stafford said she could not comment on any details.

"This matter is currently under investigation and, therefore, it would be inappropriate to comment further at this time," Sgt Stafford said.

Community and Public Sector Union spokesman Julian Kennelly said the case was a concern.

"They do themselves or their colleagues no favours," Mr Kennelly said.

"It undermines security for everyone in these sorts of places."

Department of Human Services spokesman Mike Griffin said authorities were alerted to the relationship late last year and said it was "isolated".

"The department received an allegation that a youth justice worker had breached professional boundaries with a client," he said. "The department stood the staff member down immediately and reported the matter to Victoria Police.

"The staff member has since resigned.

"As the matter is subject to police investigation, the department cannot comment further."

Under Victorian law, people who supervise teens aged between 16 and 17 cannot engage in a sexual relationship with them - even by mutual consent.

But it is not an offence if the teen were aged 18 or older.

aleks.devic@news.com.au 

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Aussie Disney worker killed in Florida

A young Australian man working for Disney in Florida has been killed by a hit-and-run driver. Source: AAP

A YOUNG Australian man living his dream of working for Disney in Florida has been killed by a hit-and-run driver.

Mahmoud Arabi, 22, was dressed in his Disney uniform at an Orlando intersection early on Monday morning when a car hit him.

"The victim was crossing with two other people and unfortunately they were crossing against the light," Sergeant Kim Montes of the Florida Highway Patrol told AAP.

The car had the green light but failed to stop after the accident.

Arabi, believed to be from Melbourne, was in a critical condition and taken to an Orlando hospital.

He died on Wednesday not long after his mother arrived from Australia to be by his side.

The Disney college exchange program attracts young students from around the world, allowing them to get on-the-job experience at the entertainment conglomerate's theme parks, including Disney World in Florida.

Sgt Montes said it was believed the car's side mirror struck Arabi.

The mirror was found at the crash scene and from its serial number it was identified as being from a green Ford.

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IBM sent email to payroll contract worker

A FORMER public servant who helped evaluate the Health payroll contract can't explain why he received an email from the successful applicant, the tech giant IBM.

Shaurin Ranjanikant Shah, who was employed as an Implementation Project Manager with the State Government outfit CorpTech, was shown the email while on the witness stand at the Payroll Inquiry on Friday.

The inquiry is examining why the former Labor Government granted IBM the contract which left the Health Department with a deeply flawed payroll system, expected to cost the Queensland tax payer $1.2 billion.

Counsel Assisting Peter Flanagan, SC, asked why IBM would have any need to email a person tasked with evaluating whether it should win the contract.

"Have you any explanation for why IBM would email you?'' Mr Flanagan asked.

"Absolutely not,'' Mr Shah replied.

Mr Shah said it was possible IBM obtained his government work email because it was a simple one based on his name.

The inquiry has been told Terry Burns, a former IBM employee who worked for the government during the contract negotiations, was a significant figure in the lead up to IBM's success.

"Did you participate with Mr Burns in discussions with IBM on the way they would structure their price?'' Mr Flanagan asked.

"Absolutely not,'' Mr Shah replied.

Mr Shah also told the commission that despite having input into the costings of the contract, he did not remember the ticket price of the IBM offer.

"Can you give the commission an estimate?" asked Mr Flanagan.

"I don't remember, honestly.''

Mr Shah said pricing was a complex process with some figures only referring to phase one of the project.

Pricing information was also quarantined from each evaluation team during the process so as not to bias their evaluations.

Mr Shah strongly disputed Mr Flanagan's suggestion that the evaluation teams had put IT firm Accenture slightly ahead of IBM during the evaluation process.

"No, I am sorry that is not my opinion,'' he said.

Mr Shah suggested there was some confusion about the evaluation process.

He said each team was sent off to do separate evaluations without knowledge of each other's progress.

The teams didn't get together and compare costing, Mr Shah said: "it was not like cricket scoring.''

He said he had no recollection of Mr Burns asking the teams to re-assess their evaluations.

Commissioner Richard Chesterman, QC, suggested Mr Shah would have been affronted if such a request had been made.

"Absolutely Mr Commisisoner, yes," Mr Shah replied.

"This is against probity.''

The inquiry continues.

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