NSW company faces court for alleged failure to pay unfair dismissal compensation to pregnant worker

The Fair Work Ombudsman has commenced legal action against the operators of a company that supplies labour to a western Sydney hotel for allegedly failing to comply with an order to compensate a worker it unfairly dismissed after becoming aware she was pregnant.

Facing court are O’Malley’s Operations Pty Ltd, which supplies labour to the Royal Hotel Granville, and Riley Panetta-Sleiman, who is operations manager of O’Malley’s Operations.

O’Malley’s Operations Pty Ltd employed the affected worker to work as a bar and gaming attendant at the Royal Hotel Granville from October 2022 until it dismissed her in May 2023, after becoming aware she was pregnant.

Fair Work Commissioner Alana Matheson found that O’Malley’s Operations had unfairly dismissed the worker and in September 2023 ordered the company to pay her $6,095 compensation within 14 days.

“I am satisfied that the dismissal of the [worker] was harsh, unjust and unreasonable because the [worker] was dismissed in an abrupt manner without prior notice after making her employer aware of her pregnancy for a reason provided to her that appears to be unrelated to her capacity or conduct,” Commissioner Matheson said.

The Fair Work Ombudsman investigated after the worker requested its assistance and has now commenced legal action after attempts to secure voluntary compliance with the compensation order were not successful.

The FWO alleges O’Malley’s Operations Pty Ltd breached the Fair Work Act by failing to make the ordered compensation payment to the worker, and that Mr Panetta-Sleiman was involved in this breach.

Fair Work Ombudsman Anna Booth said the legal action would reinforce the importance of complying with Fair Work Commission orders.

“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with,” Ms Booth said.

“A sum of more than $6,000 is significant for any worker, and the Fair Work Ombudsman is prepared to take legal action to ensure that employees receive all compensation they are lawfully entitled to.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”

For allegedly failing to comply with the Fair Work Commission order, O’Malley’s Operations Pty Ltd faces a penalty of up to $93,900 and Mr Panetta-Sleiman faces a penalty of up to $18,780.

In addition, the Fair Work Ombudsman is seeking a court order for the company to pay the outstanding compensation owed to the employee, plus interest.

A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 26 August 2025.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace.

An interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a member.

Information about lodging an unfair dismissal application, including eligibility factors, can be found on the Fair Work Commission’s website. Applications will generally need to be lodged within 21 days of the dismissal taking effect.

Small businesses can find targeted resources at the Small Business Showcase.