Date: 24 July 2018
Source: Fair Work Ombudsman
The Fair Work Ombudsman has secured a $115,668 penalty against Gold Coast security company owner Adam Marcinkowski after he admitted taking unlawful adverse action against a guard by dismissing him. He also underpaid three other guards a total of $15,938 between April 2015 and June 2016.
Mr Marcinkowski formerly operated a security business through his company, VIP Security Services Pty Ltd, which was contracted to provide security services at a range of Gold Coast City Council sites, including three libraries, for two years from April 2015.
Fair Work Ombudsman inspectors visited some of the sites in 2016 to check security staff were being paid their minimum lawful entitlements as part of an Inquiry into examining local government processes for procuring security services.
After the visits, Marcinkowski and VIP Security dismissed one full-time employee because he queried the hours he had been rostered to work. This dismissal breached the Fair Work Act, which makes it unlawful to take adverse action against an employee for making a complaint or enquiry in relation to their employment.
The underpayment breaches were the result of Mr Marcinkowski and VIP Security paying guards a flat $24 hourly rate that failed to cover the weekend, night and public holiday rates employees were entitled to under the Security Services Industry Award 2010. Overtime and annual leave entitlements were also underpaid.