The Court imposed a pecuniary penalty of $17,000 (25% of maximum) on an employer for failing to pay accrued annual leave on termination, where payment was delayed by three months due to the employer's mistaken belief about set-off rights. The Court held that while the conduct was deliberate, it was not recklessly indifferent, and that ignorance of Australian law or failure to verify obligations provides no excuse where the employer is part of a large, well-resourced corporate group.
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