When a company goes into liquidation, Fair Work obligations don't disappear
A company director has been ordered to pay nearly $30,000 personally over unpaid leave entitlements and an ignored unfair dismissal order.
The Federal Circuit and Family Court of Australia handed down its decision on 9 April 2026 in Clyne v Ituau-Puletua (No 2), ordering Villi Royd Ituau-Puletua to pay a combined $29,751.82, comprising $21,000 in pecuniary penalties, $5,104.75 in interest, and $3,647.07 in costs.
Gavin Clyne had worked as a full-time air-conditioning technician at Surelinc Services Pty Ltd from 24 November 2014, with the Electrical, Electronic and Communications Contracting Award applying to his employment throughout his tenure. After 10 years with the company, he received a formal termination notice on 26 February 2024 from Surelinc's general manager, signed by the respondent, with his last day of employment recorded as 4 March 2024.
On termination, Surelinc failed to pay Clyne his accrued annual leave of $7,258.87 and his accrued pro-rata long service leave of $14,439.96. Two days after receiving the termination notice, on 28 February 2024 and before his employment had formally ended, Clyne filed an unfair dismissal claim with the Fair Work Commission. On 4 July 2024, Deputy President Cross issued an order requiring Surelinc to pay Clyne $27,707.66 plus superannuation, equivalent to 14 weeks' pay, as compensation for a dismissal found to be harsh, unjust and unreasonable within...
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