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Brisbane reseller pays $125K in penalties over unfair dismissal case

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Macquarie Technology Group International and director penalised for the second time

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Brisbane-based Macquarie Technology Group International and its director have been once again penalised for unfairly dismissing an employee.

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Macquarie Technology engineers, distributes, installs and services wireless technology for radio communication.

In 2014, the Fair Work Commission ordered the reseller to pay $20,769 compensation to an engineer it found had been unfairly dismissed, and later also ordered it to pay the employee costs of $8,470.

However, after payments were not made, the Fair Work Ombudsman took legal action which resulted in a record penalty totalling $125,600 against an employer.

Specifically, Wallace was penalised with $20,600 in the Federal Circuit Court and the company with a further $105,000.

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Macquarie Technology appealed to the results but the Federal Court of Australia dismissed it in December 2016.

In March 2011, the Fair Work Ombudsman launched a prosecution against the operators of Macquarie Technology and Wi-Man for allegedly underpaying one of its workers almost $6000.

At the time the businesses imported and distributed computer hardware, mainly wireless modems for radio devices and had Wallace as a director, shareholder and manager of both companies.

Wi-Man allegedly failed to pay the employee $1408 in accrued annual leave entitlements on termination in June 2008.

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Furthermore, Macquarie Technology allegedly failed to pay $3593 in accrued annual leave entitlements on termination in April, 2009 and wages of $945.

Wallace faced at the time maximum penalties of $6600 per breach and the companies each face maximum penalties of $33,000 per breach.

The Fair Work Ombudsman secured penalties totalling $6,380 against Wallace and the company in Court in 2011 - the underpayment was rectified only after the Fair Work Ombudsman initiated legal action.

“The penalties obtained by the Fair Work Ombudsman send a strong message to businesses that there are serious consequences for failing to comply with Fair Work Commission Orders,” Fair Work Ombudsman Sandra Parker stated.

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"It is fundamental for the integrity of the workplace relations system that orders are complied with and we will take legal action to ensure employees receive compensation."


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