06 October 2012FWBC recovers $7438 for site manager in Rockhampton

Fair Work Building & Construction (FWBC) has recovered $7438 in unpaid annual leave and notice in lieu for a construction site manager who worked on a Rockhampton project.

The Maroochydore construction company, which employed the site manager, misunderstood their obligation to pay the site manager annual leave and notice in lieu owed to him upon his termination.

FWBC Chief Executive Leigh Johns said that while the onus is on employers to make sure they pay their workers properly, employers and workers both have a role in making themselves aware of workplace rights and responsibilities.

“Our investigation determined the site manager was owed 8.33 days in annual leave and 10 days notice in lieu, which the company voluntarily back-paid,” Mr Johns said.

“This matter demonstrates that underpayments can be costly for all parties, which is why FWBC provides free advice and services to avoid situations like this occurring in the first place.

“Under the National Employment Standards (NES), employers must pay employees the annual leave they are owed in the event that the employment relationship ends.

“Further, if the employer has not given the employee the minimum period of notice upon their termination, they must pay them their full rate of pay for that minimum period.

“In this case, the employer was required to give the site manager a minimum two week period of notice because they employed him for one to three years.

“I urge all employers to familiarise themselves with their obligations under the NES to avoid a situation like this in which they have to back-pay thousands of dollars.

“FWBC also has tools for employees such as our employment checklist, making it easy for individuals to get an impression of whether they know their workplace rights as well as they ought to.”

FWBC can help those working in the building and construction industry to find out their correct entitlements. Contact FWBC on 1800 003 338 or go to http://www.fwbc.gov.au/.

NOTE: Due to privacy considerations FWBC is unable to identify the employee or business involved in this matte