Carpenter taken to court for ‘threatening to sack’ apprentice for taking sick leave

A Victorian carpenter is being taken to court for allegedly threatening to sack a teenage apprentice if he took sick leave.

Caleb Geoffrey Stubbs – a sole trader who operates CS Carpentry in Geelong – is also accused of underpaying the apprentice and another young casual worker and failing to cooperate with Fair Work's attempts to investigate the claims.

The Fair Work Ombudsman launched the investigation after receiving requests for help from the two 18-year-olds who were employed by Stubbs in 2022 and 2023.

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One was employed as an apprentice carpenter between November 2022 and January 2023. and the other as a casual construction worker for a week in November 2022.

According to Fair Work, on the morning of January 19, 2023, the apprentice messaged his employer on Snapchat stating he was unwell and wouldn't be able to work that day.

It's then that Fair Work alleges Stubbs threatened to not pay the apprentice for a week if he didn't come to work and to terminate his employment if he took personal leave in the future.

The carpenter also stands accused of failing to comply with a Compliance Notice from Fair Work in April of the same year, after a Fair Work investigator pursued him for allegedly underpaying the casual worker and failing to pay the apprentice's public holiday and leave entitlements.

Stubbs also allegedly breached pay slip laws.

"Sick leave is a fundamental lawful entitlement," Acting Fair Work Ombudsman Rachel Volzke said.

"Workers have a right to access their leave entitlements without negative consequences.

"Taking action to protect employees who may be vulnerable, such as young workers, and improving compliance in the building and construction industry are priorities for the Fair Work Ombudsman."

Stubbs faces a fine of up to $8250 over the Compliance Notice issue as well as $16,500 for each of the alleged pay slip and adverse action contraventions.

The regulator is also seeking a court order directing Stubbs to comply with the Compliance Notice, including rectifying outstanding payments to the young employees.

The case against Stubbs will be heard in the Federal Circuit and Family Court in Melbourne on May 21.

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