Part-owner of failed trucking company Doble Express Transport fined after workers were underpaid almost $240,000.
The part-owner of a failed trucking firm has copped a small fine for his part in an almost $240,000 rip-off committed against three former employees.
The Federal Circuit Court fined Graeme John Doble $13,200 for a series of underpayments that occurred at Doble Express Transport between 2007 and 2013.
The New South Wales company did not pay correct rates for shift work, overtime and public holidays under the relevant industrial awards.
Truck driver Colin McIntosh, who has since died, was owed almost $93,000.
Bernadette Dean was underpaid $86,314, while Kathleen McGregor was not paid $60,111 owed to her.
Doble admitted to failing to pay correct entitlements to Dean and McIntosh, who were based at the company’s Dubbo depot.
McGregor was employed at Doble Express Transport’s Orange depot.
“I am satisfied that a total penalty of $13,200 is appropriate in the circumstances,” judge Sylvia Emmett says.
The judge ordered that Doble’s fine be divided between Dean, McGregor and the estate of McIntosh.
Emmett had the power to issue a maximum fine of $39,600 but ruled the penalty should not be “crushing or oppressive”.
She says Doble, who had been a director of the company since 1984, had lengthy experience in the industry and should have been aware of the entitlements due to the three employees.
Emmett says underpayments to Dean continued for at least three months after the Fair Work Ombudsman (FWO) issued a letter to the company notifying it of the breaches.
“The total loss suffered by the three employees was $239,364.29. That is a significant loss to the employees,” Emmett says.
“The contraventions involved a failure to pay the employees the correct hourly rate for regular hours worked, overtime, shift loadings, public holiday rates and allowances due under the relevant industrial instruments.”
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