Never paid for one shift at a dog festival, he went to court

On Sunday 28 July 2024, Mr Ingleton, then 18, worked as casual event staff at a dog festival in Penrith. He directed stallholders to their sites, set up marquees for the competition ring and handed out programs, from 7.00 am to 5.00 pm with a 30-minute unpaid break: 9.5 hours of work. He was never paid.
The organiser, a sole trader running Woof Fest Festival, had confirmed by text to Mr Ingleton's mother that the Miscellaneous Award covered the work. He later emailed a payslip showing the award rate, and told the family and their lawyers that Mr Ingleton "will be paid". No money came. Mr Ingleton sued, and his father personally served the court papers. The organiser filed nothing and did not come to court.
Judge Papadopoulos worked out the pay. The junior rate for an 18-year-old was $16.02 an hour, and the Sunday casual rate of 175% took it to $28.04, so $266.38 was owed for the day, or $286.77 with interest. Because the organiser knew the award applied, knew the rate and knew he had not paid, the court declared the breaches "serious contraventions".
Before judgment, the organiser emailed the judge's chambers demanding the hearing be put on hold and warning: "You will face serious legal actions". His application for the judge to step aside failed.
The maximum penalty was $187,800 and Mr Ingleton asked for $130,000. The judge set 5% of the maximum, $9,390, giving "significant weight" to the small loss and the single day of work, and ordered it paid to Mr Ingleton. The organiser was also ordered to pay $1,500 towards his costs.
Even a small unpaid amount can be worth pursuing. Keep the texts, emails and payslips that show what your employer knew, because they can turn an unpaid shift into a serious contravention.
The shift was worked after 27 February 2024, so the current test for a "serious contravention" (knowing or reckless) applied. It was before 1 January 2025, when deliberate underpayment became capable of being a criminal offence. The earlier default judgment is [Ingleton v Boswell [2025] FedCFamC2G 977](https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2025/977.html).
A published decision of the Federal Circuit and Family Court of Australia (Division 2), retold in plain English. Lawcaptain did not act in this case. Every outcome depends on its own facts. General information, not legal advice about your situation.
Talk to us.
Call 1300 967 552, or leave your details and we will call you.
Underpayment
Cash envelopes, pay-back slips and $15.3 million in penaltiesFederal Court of Australia · 5 August 2024Read the case study
Buy your own truck or lose your job: decades later, still contractorsHigh Court of Australia · 9 February 2022Read the case study
Unpaid during COVID, he never said no, so the court said he agreedFederal Circuit and Family Court of Australia (Division 2) · 27 July 2026Read the case study