Employer fined over disability discrimination

The Fair Work Ombudsman has announced the operators of the Border Barber hairdressing salons in Albury-Wodonga have been fined a total of $3600 for discriminating against a physically disabled employee.

Rutherglen couple Stanislaus and Susan Somers have also agreed to apologise to the affected employee and to pay him $1320 in compensation.

Following a prosecution by the Fair Work Ombudsman, the Federal Magistrates Court in Sydney has fined Mr and Mrs Somers' company - Drivecam Pty Ltd - a total of $3000.

A further penalty of $600 was imposed against Mr Somers. The Fair Work Ombudsman did not seek a penalty against Mrs Somers.

Federal Magistrate Sylvia Emmett imposed the penalties after Mr and Mrs Somers admitted their company breached the Fair Work Act by discriminating against a physically disabled employee, a local man in his 30s, in February last year.

The employee is a qualified hairdresser who has a damaged spinal nerve from a bike accident which causes pins-and-needles and sharp pains in his hands.

The breaches occurred when the employee worked at Border Barber for three weeks on a pay rate of $10 an hour - significantly below the $17 to $25 an hour he was entitled to receive.

The employee was underpaid $599 as a result of the breaches, which was back-paid to him in October last year.

Findlaw

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