Merivale has hit back at a class action's claims it underpaid thousands of salaried employees and others engaged under a pre-Fair Work "zombie" deal and is maintaining it can use overpayments to offset additional entitlements.
Coles says a class action seeking to recoup more than $150 million allegedly owed to salaried managers is without merit, given it is already on track to finalise its review and start re-paying affected employees.
A full Federal Court has reproached a State employment tribunal member for his tardiness in determining appropriate penalties for an underpaying employer, suggesting that had no fine been imposed it might have been spared considering an unremarkable appeal involving "modest" sums.
A judge has ordered more than $200,000 in compensation and penalties against two underpaying former company directors at the same time as roundly rejecting FWO attempts to characterise the dental technician involved as a "vulnerable" visa-holder.
The CFMMEU has taken a leaf from the ABCC's playbook by invoking the High Court's 'personal payments order' decision in arguing penalties levied against an underpaying, bankrupt former director of a liquidated company should discourage such practices from being considered as "simply the cost of doing business".
The FWO is prosecuting the operators of a Sydney restaurant for allegedly underpaying a skilled worker on a SubClass 457 visa by more than $150,000 while they maintained "overall control" of his bank account.