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Winter 2003

Director of Public Prosecutions take Employer to Court

The Tasmanian Director of Public Prosecutions is taking an employer to court who is attempting to evade payment of entitlements to three HACSU members.

Late last year HACSU took the employer to the Tasmanian Industrial Commission for failure to pay three employees superannuation in accordance with the Award.

After two hearings, the Commission issued an order requiring the employer to pay several thousand dollars to the employees' superannuation fund.

The employer was given a deadline and even given time to make the payments.

When the first deadline came around the employer had still not made the payments, nor made the necessary arrangements with the relevant superannuation fund to make the payments.

HACSU advised the Commission the employer was in default of the order and the matter was referred to the Director of Public Prosecutions to prosecute the employer in Court.

This case is now proceeding and HACSU is confident the members will get their money.

Senior Industrial officer, Tom Kleyn, who conducted the case in the Industrial Commission said this was a warning to other employers who do not meet their legal obligations.

"Employers should note that the Commission's Orders are to be complied with otherwise they will be prosecuted in Court."

"This sends the message to employers that they can't ignore their obligations and if they do HACSU will pursue them to get members their rightful entitlements."

"It is very unfortunate that the three members have had to wait for so long to get what has always been theirs."