Revealed: ASX company underpaid staff $2.3 million

Three-month old public company slips up and must apologise to its staff and invite auditors in to check its processes.

| More on:

You’re reading a free article with opinions that may differ from The Motley Fool’s Premium Investing Services. Become a Motley Fool member today to get instant access to our top analyst recommendations, in-depth research, investing resources, and more. Learn More

Retailer Dusk Group Ltd (ASX: DSK) is now back-paying more than $2.3 million in wages after signing an enforceable undertaking with the Fair Work Ombudsman.

The company, which only listed on the ASX in early November, sells candles and home fragrance products via 115 shops in Australia.

Dusk staff complained last year that the retailer had not properly paid out an entitlement that was triggered when an employee had a break of less than 12 hours between shifts.

The company then found more than 1,500 former and current service staff, assistant store managers and store managers in all states and territories were underpaid.

Some employees are owed as much as $26,000, according to the Ombudsman.

The Motley Fool has contacted Dusk for comment.

asx share penalty represented by lots of fingers pointing at disgraced businessman Crown royal commission WA

Image source: Getty Images

Dusk has plenty of remediation to do

As well as back-paying the missing wages, Dusk must pay a $45,000 "contrition payment" to the federal government.

The retail chain must also apologise to its staff via physical media, social media and online notices. A telephone hotline must also be manned using an external provider for 12 months to field employee enquiries.

The enforceable undertaking commits the company to put in measures to prevent future breaches.

"These measures include engaging, at Dusk's own cost, an expert auditing firm to assess the outcomes of its rectification program and audit its compliance with workplace laws over the next two years," said Fair Work Ombudsman Sandra Parker.

"This matter demonstrates how important it is for employers to place a high priority on ensuring they are aware of every lawful entitlement they must pay their employees. The underpayment of just a single entitlement can result in a large-scale back-payment bill."

The company is also paying out interest and superannuation related to the back-pay. It has until 22 February to complete remediation with all former and current employees.

A small-cap ASX share to watch

At the time of writing on Friday, the Dusk share price is trading 3.1% higher at $2.33 giving it a market capitalisation of around $149 million. The business floated on the ASX in November with an initial public offer (IPO) price of $2 per share.

WAM Microcap Ltd (ASX: WMI) last week named Dusk as an ASX share to watch, citing it as a beneficiary of Australians staying home more during the COVID-19 pandemic.

Dusk has forecast sales in the first half of financial year 2021 to land between $90 million to $90.5 million, up from $58.7 million in the same period the previous year.

The company's earnings before interest and tax (EBIT) guidance was between $26 million to $27 million, which would be a big boost from $9.7 million the prior year.

Motley Fool contributor Tony Yoo has no position in any of the stocks mentioned. The Motley Fool Australia has no position in any of the stocks mentioned. The Motley Fool has a disclosure policy. This article contains general investment advice only (under AFSL 400691). Authorised by Bruce Jackson.

More on Share Market News

Businessman working and using Digital Tablet new business project finance investment at coffee cafe.
Broker Notes

Buy, hold, sell: Cochlear, South32, and Westpac shares

Analysts have given their verdict on these popular shares.

Read more »

Woman with a scared look has hands on her face.
Share Market News

These are the 10 most shorted ASX shares

Let's see which shares short sellers are targeting this week.

Read more »

A young man goes over his finances and investment portfolio at home.
Broker Notes

Buy, hold, sell: ANZ, Breville, and Macquarie shares

Is Morgans bullish or bearish on these shares in April? Let's find out.

Read more »

A man holding a cup of coffee puts his thumb up and smiles while at laptop.
Broker Notes

Top brokers name 3 ASX shares to buy next week

Brokers gave buy ratings to these ASX shares last week. Why are they bullish?

Read more »

Man sitting in a plane seat works on his laptop.
Broker Notes

Down 34% in 2026, are Virgin Australia shares a good buy today?

A leading analyst delivers his outlook for Virgin Australia’s beaten-down shares.

Read more »

Red buy button on an Apple keyboard with a finger on it.
Broker Notes

Brokers name 3 ASX shares to buy right now

Here's why brokers are feeling bullish about these three shares this week.

Read more »

A smiling woman holds a Facebook like sign above her head.
Broker Notes

Why these ASX shares are rated as buys in April

Let's see what makes them bullish on these names right now.

Read more »

Australian dollar notes in the pocket of a man's jeans, symbolising dividends.
Broker Notes

Are CBA shares still a good buy for passive income?

A leading analyst delivers his verdict on CBA’s passive income appeal.

Read more »