I am not a Scrooge – wages law is a sham, boss declares

Christmas scrooge

A boss who refused to pay his workers’ Xmas wages – and told one he could leave if he didn’t like it – says he’s no “Scrooge”. Picture: Supplied
Source: PerthNow





A SYDNEY boss who refused to pay his workers’ Christmas wages – and told one he could leave if he didn’t like it – has hit back, declaring he is no “Scrooge”.


Printing company director Robert Michael Francis said the law requiring him to pay employees’ wages and fining him when he didn’t was “a sham”.

As revealed by The Daily Telegraph, Mr Francis was begged by a long-serving employee: “I need to get my kids Christmas presents or they’re not going to have a Christmas morning.”

Mr Francis replied: “Well I’m not getting Christmas presents either you know. If you don’t like it, then leave.”

After being pursued personally by the Fair Work Ombudsman for two years after the Christmas 2009 incident, the Federal Magistrates Court gave the employee an early Christmas present this year by fining Mr Francis $8000 for underpaying five workers $55,000.

But Mr Francis was unrepentant when contacted yesterday.

“I know the truth and what happened,” he said. “It’s a sham, the law.”

The employee from whom Mr Francis withheld Christmas-time wages had served his company for 21 years, but Mr Francis said this, in fact, proved he was not a Scrooge.

“You ask yourself: Why is someone with you for 21 years if you’re a Scrooge and a ratbag?” he said.

Despite this, Mr Francis said he would not appeal against the decision.

“Let it go,” he said. “Let it die its death.”

Mr Francis – who was not at the court – said he was not even aware of the judgment.

He noted that out of 70 employees only five had pursued him for the lost wages – although he had previously thought it was only three.

Magistrate Matthew Smith said in his judgment Mr Francis had shown no remorse for “deliberate non-payment” of his staff without any excuse for it.

“Mr Francis has had the opportunity, which he has declined to take, to appear before me in person … He has, on the evidence before me, denied any personal responsibility and shown no remorse for the financial losses of his employees,” Mr Smith said. 

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