Former cleaning business operator in court
The Fair Work Ombudsman has taken legal action against the former operator of a commercial cleaning business in Sydney’s west.
Facing the court is sole trader Mohamed Musa Jalloh, who operated “Honorable Cleaning” in Auburn, which is no longer in business.
The regulator opened an investigation after receiving requests for assistance from two international students, a married couple from Nepal, who were employed by Mr Jalloh on a casual basis as cleaners between August and October 2020.
A Fair Work inspector issued a notice of compliance to Mr Jalloh in January 2021 after believing workers were being underpaid at casual minimum wage, including occasional loading, as part of the 2020 cleaning services award.
The Fair Work Ombudsman alleges that Mr. Jalloh, without a reasonable excuse, failed to fully comply with the compliance notice, which required him to calculate and fully reimburse workers’ entitlements.
Fair Labor Ombudsman Sandra Parker said the regulator will continue to enforce labor laws and take companies to court when legal demands are not met.
“If employers fail to comply, we will take appropriate action to protect employees. A court can order a company to pay penalties in addition to workers’ back wages.
“Any employees with concerns about their pay or rights should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking sanctions against Mr. Jalloh, who faces a fine of up to $6,660 for allegedly failing to comply with the compliance notice.
The regulator is also seeking an order for Mr. Jalloh to comply with the compliance notice, which includes full rectification of the alleged amount of underpayment, plus superannuation and interest.
A directions hearing is scheduled at the Federal Circuit and Family Court in Sydney on June 30, 2022.