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Home > Publications and Forms > Workplace prosecutions > Workplace prosecutions 2009 > Prosecutions under the industrial relations law for 2009 > Details of successful prosecution against Davis, Gillan Burkitt

Davis, Gillan Burkitt


Summary

Gillan Burkitt Davis, being an employer under the Industrial Relations Act 1999 (PDF, 1.9MB), prosecuted for failing to pay wages and superannuation contributions.

The employee was employed in the retail industry and was not paid during his final three months of employment.  Further, he was not paid pro-rata annual leave on termination and the employer did not make superannuation contributions on his behalf. 

The employer was fined a total of $8,750 for and ordered to pay $17,421.15 in arrears of wages and $3,031.99 in superannuation.

Details
Industry:

Retail

Defendant:

Davis, Gillan Burkitt

Date of offence:
(1) 1 May 2008 to 10 August 2008
(2) 22 January 2008 to 10 August 2008
Location of offence:

Samford

Offence:
(1) Failure to pay wages
(2) Failure to pay superannuation
Court:

Pine Rivers Industrial Magistrates Court

Magistrate:

Mr Stephen Guttridge

Legislation:
(1) Section 666 Industrial Relations Act 1999
(2) Section 406 Industrial Relations Act 1999
Plea:

Ex-parte

Decision date:

13 March 2009

Penalty:

(1) Fined $7,500 and ordered to pay $17,421.15 arrears of wages
(2) Fined $1,250 and ordered to pay $3,031.99 superannuation

Professional and legal costs:

-

Court costs:

-

In default period to pay:

(1) Wages: three months to pay in default levy and distress in default six months imprisonment
Fine:  three months to pay in default four months imprisonment
(2) Superannuation: three months to pay.  Default: levy and distress in default 60 days imprisonment
Fine:  three months to pay in default 20 days imprisonment

Conviction recorded:

(1) No
(2) No

 

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Last updated 29 September 2009