Carpenter taken to court for ‘threatening to sack’ apprentice for taking sick leave – Image for illustrative purposes only (Image credits: Pexels)
In the regional city of Geelong, a sole-trader carpenter’s decision to respond to a sick-day message from his teenage apprentice has escalated into a federal court case that underscores workplace protections for young employees. Caleb Geoffrey Stubbs, who runs CS Carpentry, now stands accused of multiple breaches involving two 18-year-olds hired in late 2022 and early 2023. The Fair Work Ombudsman brought the matter forward after the workers sought assistance, alleging both underpayment and improper pressure around leave entitlements.
The Message That Triggered the Dispute
On the morning of January 19, 2023, the apprentice carpenter sent a Snapchat message to Stubbs explaining that he was unwell and unable to attend work. According to the regulator’s account, Stubbs replied by threatening to withhold a full week’s pay unless the young worker came in anyway. The employer also indicated that any future use of personal leave could result in the termination of the apprenticeship.
The apprentice had been employed since November 2022, a period during which he was entitled to standard leave provisions under Australian workplace law. The second worker, hired only for a single week in November 2022 as a casual construction labourer, later raised separate concerns about unpaid wages. These two complaints prompted Fair Work to open a formal investigation.
Additional Allegations of Underpayment and Record-Keeping Failures
Beyond the leave dispute, Stubbs is accused of failing to pay the apprentice his full public holiday and leave entitlements. The casual worker reportedly received less than the minimum rates required for his short period of employment. Fair Work issued a Compliance Notice in April 2023 directing Stubbs to rectify the shortfalls, yet the carpenter is alleged to have ignored that directive.
Pay-slip obligations were also reportedly breached, leaving both young employees without proper records of their earnings and hours. These failures form part of the broader case now before the courts, which focuses on protecting entry-level workers in the building industry who may lack experience navigating employment rights.
Fair Work’s Emphasis on Protecting Vulnerable Employees
Acting Fair Work Ombudsman Rachel Volzke stressed that sick leave represents a core legal entitlement that cannot be undermined by threats or penalties. She noted that workers must be able to access leave without fear of repercussions, particularly when those workers are young and potentially less equipped to assert their rights. The agency has identified support for such employees and stronger compliance within construction as ongoing priorities.
Volzke added that the regulator remains committed to pursuing matters where employers attempt to deter legitimate leave use. The investigation revealed patterns that, if proven, would undermine the basic safeguards designed to keep workplaces fair and safe for apprentices and casual staff alike.
“Sick leave is a fundamental lawful entitlement. Workers have a right to access their leave entitlements without negative consequences. Taking action to protect employees who may be vulnerable, such as young workers, and improving compliance in the building and construction industry are priorities for the Fair Work Ombudsman.”
Potential Penalties and the Road Ahead
Stubbs could face fines reaching $8,250 for the alleged failure to comply with the Compliance Notice. Separate penalties of up to $16,500 are possible for each of the claimed pay-slip and adverse-action breaches. The regulator is also asking the court to order full rectification of any outstanding payments owed to the two workers.
The matter is listed for hearing in the Federal Circuit and Family Court in Melbourne on May 21. Outcomes from the proceeding could set a clear precedent for how employers in regional trades must handle leave requests from apprentices and casual staff.
Ultimately, the case serves as a reminder that even small businesses must uphold the same standards of fairness that apply across the wider workforce. Young workers entering trades deserve the same protections as any other employee, and regulators continue to monitor compliance closely in sectors where such issues arise most often.
