Fair Work Ombudsman tasked with investigating driver claims DNKC Transport failed to pay wages and superannuation
By Brad Gardner | July 17, 2012
The Fair Work Ombudsman has been tasked with investigating a truck driver’s claims his former employer DNKC Transport failed to pay him wages and superannuation.
Fair Work Australia yesterday appointed the agency to take on the case of Jonathon Lade, who initially launched an unfair dismissal claim after losing his job.
Lade claims his letter of employment stated he was to be paid $850 per week but that his pay would fall to $800 sometimes for no reason. He told Fair Work Australia no superannuation payments were made and that entitlements due to him on termination were not paid.
“In light of the above circumstances the applicant will withdraw his s.394 application [unfair dismissal claim] and pursue his claim for unpaid entitlements with the Fair Work Ombudsman (FWO),” Fair Work Deputy President Patricia Leary says.
The matter was due to be heard on July 6 but DNKC did not respond to repeated attempts to attend. Furthermore, Leary says the company did not provide a written submission.
DNKC went into administration in 2011 and a liquidator was appointed in May this year.
Although companies that have gone bust cannot be pursued, the Fair Work Ombudsman can take action against company owners.
It last year won a Federal Magistrates Court case against Colin Alexander Neave, whose transport firm went under. He was fined $5,000 for denying drivers rostered days off.
