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The Fair Work Ombudsman (FWO) has commenced legal action against the former operator of a United Petroleum outlet in Brisbane.
“The alleged knowing falsification of employment records is completely unacceptable conduct,” said acting Fair Work Ombudsman Michael Campbell in regard to the alleged actions of Navaneeth Gogikar, the former sole trader of a United Petroleum outlet in Sunnybank Hills.
After investigating Gogikar, the FWO requested time-and-wages records. It’s alleged by the regulator that Gogikar knowingly provided a Fair Work inspector with false or misleading records and pay slips.
These alleged false records showed that he paid a young Indian international student he employed different rates of pay from what was actually the case.
The regulator also alleged that Gogikar failed to keep proper records for the worker and two other young Indian international students he employed and failed to issue the workers with correct pay slips.
Gogikar employed these three employees between various periods throughout 2019 and 2021.
The alleged record keeping that Gogikar failed to provide, or even do, prevented the Fair Work Ombudsman from obtaining the relevant time-and-wages evidence required to complete a time-and-wages audit.
“It is also unacceptable for an employer’s record-keeping practices to be so poor that they prevent us from completing a proper assessment of what hours its employees have worked and whether it has paid its employees their full lawful entitlements,” said Campbell.
“Employers should be aware that taking action to protect young and migrant workers is a priority for the Fair Work Ombudsman. Anybody with concerns about their entitlements should contact the Fair Work Ombudsman for free assistance.”
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 20 January 2025. The FWO is seeking penalties in court, as Gogikar faces fines of up to $12,600 or $13,320 per contravention for multiple alleged breaches of workplace laws.
According to the FWO, it has separately filed three legal actions over the last year, alleging breaches of workplace laws at three United Petroleum-branded outlets in Tasmania and South Australia. With these court proceedings all ongoing, it highlights a damaging trend for the company.
RELATED TERMS
An employee is a person who has signed a contract with a company to provide services in exchange for pay or benefits. Employees vary from other employees like contractors in that their employer has the legal authority to set their working conditions, hours, and working practises.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
