Retirement village group Lifestyle SA accused of underpaying workers over three years

    Chief Court Reporter Sean Fewster
    AdelaideNow
    August 13, 2012



A RETIREMENT village company underpaid its workers $1.1 million over three years and forced one to work 10 consecutive days, a court has been told.    :o

Lifestyle SA allegedly paid its workers a flat rate of $50 to monitor emergency pagers over shifts lasting between nine and 16 hours.   

The company is being prosecuted by the Fair Work Ombudsman. The agency says Lifestyle SA failed to pay minimum wages to 21 part-time and 14 casual staff.    :(   

It has asked the Federal Court to order the company to reimburse workers within 21 days.

"Lifestyle SA paid the employees a flat rate of $50 for each shift," its court papers assert.

"It did not pay the employees an hourly rate ... it failed to pay the federal minimum wage.    >:(

"Between 5pm on December 21, 2007 and 5pm on January 1, 2008, an employee worked continuously at Lifestyle SA's request or requirement."

Lifestyle SA operates 11 retirement villages.

It began as a joint venture between Gordon Pickard and property developers Stephen and Roxanne Norris, now company directors.

In its documents, the Ombudsman says Lifestyle SA underpaid its "pager monitors" - who kept watch on residents' wellbeing and respond to emergencies.

Yesterday, lawyers for both sides asked the matter be referred to a mediation conference.

The case was adjourned until October.

 




Staff 'underpaid' $50,000.    :o    :(

Date
    August 14, 2012

 

Graham Downie



The former operator of Manuka's Mecca Bah restaurant, Damien Micah Trytell, is being prosecuted by the Fair Work Ombudsman for allegedly underpaying staff by more than $50,000.    :-?

The alleged underpayments of 26 staff occurred between May and December, 2009. The employees, including 11 aged 18 to 21 at the time, variously worked as kitchen staff and waiters; full-time, part-time or casual.

A directions hearing is listed for the Federal Magistrates Court in Canberra on August 27.

The company through which the restaurant was operated, Manuka Food Pty Ltd, went into liquidation last year, preventing court action against it. So the ombudsman is prosecuting Mr Trytell, who it alleges was involved in several breaches of workplace laws, which carry penalties of up to $6600 for each breach.


The ombudsman is seeking a court order for any penalty imposed on Mr Trytell to go towards rectifying the alleged underpayments.

Acting Fair Work Ombudsman Mark Scully said the employees had been allegedly paid flat hourly rates from $15.93 to $19.23. The ombudsman alleges this resulted in underpayment of penalty rates for night, overtime, weekend and public holiday work, for which the employees had been entitled to up to $38 an hour. Fair Work inspectors had discovered the alleged underpayments when they investigated complaints by employees.    :(

Mr Trytell could not be reached for comment. A spokesman for Mecca Bah said yesterday Mr Trytell no longer had any involvement in the business.   

Read more: http://www.canberratimes.com.au/act-news/staff-underpaid-50000-20120813-2453q.html#ixzz23VWAgZYB