Australian OTR Pays $2.3M in Unpaid Employee Leave Entitlements

In Australia, the On the Run (OTR) service station chain is correcting a significant payroll oversight that left many of its workers short-changed on their annual leave entitlements. A thorough investigation by the Fair Work Ombudsman, spurred by employee complaints, unveiled that OTR had improperly classified over 1,500 employees as non-shift workers, leading to miscalculated leave benefits.

OTR is now addressing the error by compensating the affected staff with a total of $2.3 million, which includes interest and leave loading from July 2018 to February 2023. The remedial action involves reimbursing $975,000 to 934 former employees and crediting $1.3 million in leave hours to 590 current workers. Payments to individuals range from $12 to $6,189, with an average compensation of approximately $1,050. The company’s commitment to rectify the past misclassification marks a significant step in upholding workers’ rights in Australia.

Ensuring Compliance and Future Diligence

On The Run (OTR) has come to an agreement with the Fair Work Ombudsman (FWO), signifying their commitment to rectify payroll discrepancies through an Enforceable Undertaking. Key measures include independent audits to verify compliance with labor laws and a $150,000 contrition payment to the Commonwealth’s Consolidated Revenue. This arrangement emphasizes the serious obligation of businesses to accurately determine employee wages and benefits.

OTR is expected to complete back-payments by July 2024, as mandated by the FWO, which highlights the legal necessity for proper employee classification. This situation is a stark warning for companies in all sectors about the potential consequences of neglecting fair and lawful employment standards. It underscores the necessity for meticulous and lawful management of employee compensation.

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