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🇦🇺 Australia /Economy & Trade

Arrest Warrant Issued in Legal Battle for $27k in Unpaid Long Service Leave

From ABC Australia · (16h ago) English Critical tone

Translated from English, summarized and contextualized by DistantNews.

TLDR

  • Two Canberra women are pursuing over $27,000 in unpaid long service leave entitlements from their former employer.
  • Their case reached the ACT Magistrates Court, which issued an arrest warrant for the employer after he failed to attend a hearing.
  • The women have faced a lengthy and frustrating battle to claim their owed entitlements, with legal centres assisting.

The pursuit of justice for two Canberra women, Cathy Mueck and Marese McDonagh, highlights a persistent struggle for fair treatment and owed entitlements in the Australian workplace. After resigning from Focus Eyewear in early 2023, they discovered they were collectively owed approximately $27,000 in long service leave, alongside other unpaid entitlements like annual leave and superannuation. This situation underscores a concerning pattern where small businesses may falter in meeting their legal obligations to employees.

there's no way of putting into words "how frustrating" it has been.

— Cathy MueckDescribing the difficulty of reclaiming unpaid entitlements.

The journey to reclaim these funds has been arduous, spanning over three years and involving multiple agencies, including the Fair Work Ombudsman and the Australian Taxation Office. While these bodies assisted with annual leave and superannuation, the significant sum of long service leave proved more challenging. The ACT Civil and Administrative Tribunal (ACAT) eventually issued orders in their favour in November 2024, with Ms McDonagh owed about $11,000 and Ms Mueck about $16,000, plus accruing interest.

Paperwork is constant, emails [are] constant. So frustrating, very annoying.

— Cathy MueckDetailing the ongoing administrative burden of her case.

Despite these tribunal orders, their former employer, Ross Hiew, has failed to pay the full amounts, prompting the case to be brought before the ACT Magistrates Court. The issuance of an arrest warrant signifies the court's frustration with the employer's non-compliance. This case resonates deeply within the Australian context, where robust employment laws and entitlements like long service leave are foundational to worker protections. The protracted legal battle and the need for an arrest warrant reflect a systemic issue where enforcement can lag, leaving employees in limbo.

It fell on deaf ears.

— Cathy MueckReferring to the employer's failure to comply with tribunal orders.

Speaking to ABC News, Ms Mueck expressed the immense frustration, stating, "there's no way of putting into words how frustrating it has been." Ms McDonagh added, "We just want justice. We want our money and we feel like lots of other women are suffering the same." Their fight is not just for themselves but serves as a stark reminder to employers of their responsibilities and to employees of their rights, especially concerning long service leave, a benefit unique to Australia and New Zealand, reflecting a cultural value placed on employee loyalty and extended service.

We just want justice. We want our money and we feel like lots of other women are suffering the same.

— Marese McDonaghExpressing her desire for resolution and solidarity with other affected women.
DistantNews Editorial

Originally published by ABC Australia in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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