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Delivery company pleads guilty to hundreds of child employment law breaches

A delivery company has been hit with a shocking 318 breaches of child employment law, making this case the largest of its kind in Victoria’s history.

user iconJack Campbell 16 April 2024 The Bar
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Editor’s note: This story first appeared on Lawyers Weekly’s sister brand, HR Leader.

Ive Distributions pleaded guilty to breaking employment laws by employing 318 children, aged 11 to 14, without child employment permits, between 5 July and 6 September 2022.

 
 

Robert Hortle, commissioner of Wage Inspectorate Victoria, commented on the case: “I’m gobsmacked that a company that hired over 300 young kids as a core part of its distribution model didn’t bother to look into child employment laws. As a result, we had kids working without a proper assessment of their welfare before that employment commenced.”

“If you’re hiring kids as young as 11, I’d like to think you’d do your due diligence and ensure you do so legally. In this instance, Ive Distributions hasn’t engaged with child employment laws despite some of the children doing the work being primary school age.”

Wage Inspectorate Victoria noted that this case is dealing with the state’s largest child employment breach ever, and began looking into the matter after receiving a tip from the parent of a child who was offered work at the company.

“This is an example of community members looking out for the wellbeing of kids. A parent whose child was offered work felt something was a little off, so they let the Wage Inspectorate know, and we sprang into action and found an unprecedented number of kids employed without a permit,” said Hortle.

“Luckily, in this instance, no child was harmed, but businesses shouldn’t rely on luck. Engaging with the Wage Inspectorate before employment commences is both common sense and a legal obligation.”

The matter was held on 4 April in Melbourne Magistrates Court. Conducting the sentencing, Magistrate Timothy Gattuso said employers have a responsibility to be aware of the laws surrounding children’s employment.

Ive Distributions was placed on an undertaking to be of good behaviour for three years with the condition that it pay $4,000 to the court fund and ordered to pay $3,000 in costs.

This is yet another case of Aussie companies breaching child employment laws. In February, Red Rooster was also found guilty of a total of 29 breaches of Victoria’s child employment laws, culminating in $5,500 worth of fines and an order to pay $4,000 in costs in the Melbourne Magistrates Court.

Similarly, Hortle discussed the issue, noting the dangers that can come from these breaches: “The greatest risk of flouting child employment laws is a kid getting hurt in the workplace, but this outcome shows there are financial and reputational risks, too.”

“Businesses shouldn’t expect to get away with breaking child employment laws – community members look out for the wellbeing of kids and will tip us off when they see something of concern.”