Datasend fined for workplace breaches

The Fair Work Ombudsman led the prosecution against Datasend following the dismissal of two workers in 2007. The Ombudsman claimed that Datasend sacked the workers for complaining about being underpaid and being associated with the Australian Manufacturing Workers Union (AMWU).

Datasend, which is based in the suburb of Braeside, has been fined $25,000 by the Federal Court. Company director Phillip Gray and production manager Graham Berry have also been fined $4,000 and $6,000, respectively, for their part in the affair. The fines must be paid by 9 May.

Gray and Berry admitted they were involved in the dismissal of a full-time warehouse supervisor because he had complained to a national regulator about being underpaid annual leave entitlements and because he was a member, or proposed to become a member, of the AMWU. 

Berry also admitted he was also involved in Datasend dismissing a casual worker, who had been employed to collate brochures, because she had complained to a national regulator that her minimum hourly rate was being underpaid.

According to a statement from the Ombudsman, Datasend has since compensated the workers and rectified the underpayments of the workers.

Gray refused to comment to ProPrint about the case.

Fair Work Ombudsman Executive Director Michael Campbell said the case sends a message to other businesses over the seriousness of workers' rights.

"We will not hesitate to pursue companies and individuals who engage in this sort of behaviour," Campbell said.

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