Frankston Apprentice Allegedly Dismissed After He Queried His Pay

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10th November 2009, 11:00am - Views: 1142





People Feature Fair Work Ombudsman 1 image

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Fair Work Infoline: 13 13 94 





Media Release





   10 Nov 2009


Frankston apprentice dismissed after he

queried his pay, watchdog alleges


The workplace watchdog is prosecuting the operators of a Frankston business for allegedly

dismissing an apprentice after he queried his pay.


The Fair Work Ombudsman has launched a prosecution against Gisela Bottcher, owner of

Frankston tiling business GB Studio Enterprises, and her husband Wolfgang Bottcher, who

jointly operates the business with his wife.


Documents lodged in the Federal Magistrates Court in Melbourne allege that in December,

2007, an apprentice tiler working at GB Studio Enterprises asked the Bottchers whether he

was entitled to receive annual leave loading.


The apprentice, then aged 21, subsequently contacted the Workplace Infoline in early

January, 2008, and was told he was entitled to a 17.5 per cent loading.


The apprentice allegedly informed the Bottchers of this on January 14 and the Workplace

Authority emailed the information to the Bottchers on January 17.  


On January 22 last year, the Bottchers allegedly held a meeting and told the apprentice

and three other apprentices that if they were to receive Award wages some of their

conditions, such as having tools and vehicles supplied, would be removed.  


At the end of the meeting, the apprentice was allegedly dismissed.


Fair Work Ombudsman Victorian Director Paul Werner says the Bottchers are being

prosecuted because the alleged circumstances of the dismissal and threats to remove

conditions constitute serious contraventions of workplace laws.


Mr and Mrs Bottcher were allegedly each involved in five contraventions of workplace laws.

The maximum potential penalty per breach is $6600 for each of them.


The Fair Work Ombudsman is also seeking a Court Order for Mrs Bottcher to pay the

dismissed apprentice $1018 compensation, representing lost wages following his dismissal. 


The case is listed for a directions hearing on December 18.


A Fair Work Ombudsman investigation into whether other apprentices at GB Studio

Enterprises were underpaid is ongoing.


The Fair Work Ombudsman promotes harmonious, productive and co-operative

workplaces. It also monitors compliance and investigates breaches of national workplace

laws.


Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13

94 or visit www.fwo.gov.au For translations call 13 14 50.



Media:


Craig Bildstien, 0419 818 484. Ryan Pedler, 0434 365 924.







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