The Fair Work Ombudsman (FWO) has taken Landhaus Estate Wines to court for failing to observe a compliance notice regarding an employee’s unpaid leave entitlements. The Adelaide Hills winery is facing a penalty of up to $46,950.
The worker was employed by Landhaus as a full-time sales representative between September 2020 and May 2022. He requested assistance from the regulator for unpaid annual leave entitlements that were accrued but untaken at the end of his employment.
The unpaid leave breaches the Fair Work Act’s National Employment Standards, which state that “on termination of employment, an employer must pay an employee for any period of untaken annual leave”.
The standards state that “the payment for the untaken leave has to be the same as what the employee would have been paid if they took the leave. This includes annual leave loading if it applied during employment.”
The FWO issued a Compliance notice that required Landhaus Estate Wines to calculate and back-pay the worker’s entitlements. The regulator alleges that the winery failed to comply with the notice, without reasonable excuse. It also alleged that the company’s managing director John Jaunutis was involved in the contravention, meaning he faces a penalty of up to $9,390.
The FWO is also seeking a court order requiring the company to calculate and back-pay the worker’s entitlements and rectify any underpayments, plus interest.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties, and to take steps to comply with a compliance notice including calculating and back-paying entitlements,” says Fair Work Ombudsman Anna Booth.
John and Barbara Jaunutis founded Landhaus Estate Wines in the Barossa Valley in 2002. Landhaus makes wines that are “stylish, seductive and sophisticated”, according to the business’ website.
The FWO provides a free online course to help employers understand what a compliance notice is and how to respond if they get one. Small businesses can find targeted resources at the Small Business Showcase.
Laura Box
