Genius Educators Sue Company Over Allegedly Late Wages And Unpaid Super

Educators have filed a lawsuit against Genius Childcare and its proprietor, Darren Misquitta, alleging that they have been willfully and consistently neglecting to pay workers' superannuation and late wages.

Three United Workers Union (UWU)-represented employees allege that businesses in the Genius group, which runs about 30 daycare facilities throughout Australia, owe them thousands of dollars. In a statement, the union claimed that the lawsuit was a "test case" that would aid hundreds of other Genius employees in recouping up to $7 million in allegedly owed superannuation.

In addition, the complaint seeks up to $18 million in fines for the Genius group for six major violations of the Fair Work Act, as well as compensation for late wage payments.

The union claimed in a statement of claim submitted to the Federal Circuit Court on Wednesday that Genius and Mr. Misquitta "knowingly committed" the late payments and the omission to pay super, which were "part of systemic pattern of conduct" and a "severe violation" of workplace legislation.

Felicity, a former Genius instructor who is not involved in the case but spent more than two years working at Genius, believes she is due $12,000 in unpaid super. She claimed that the ongoing salary and unpaid super delays were distressing.

She claimed that the lack of stability in funding affected employee morale and led to a high staff turnover rate, as employees would settle in, get to know the kids, and then have to leave because they had to get paid.

Felicity claimed that it had an impact on the kids who were constantly exposed to new faces and lost relationships with those they knew.

In June of this year, Jessika Anderson, a center manager at Genius in Western Australia, quit because she was not paid super and her paychecks were frequently late. She claimed that "the females were often upset because they could not pay their expenses and they were having trouble paying us." She claimed that as center manager, she frequently paid employees with her savings because their paychecks were frequently late. She claimed that the center was not covering other expenses, such as garbage collection and gas.

Teachers, families, and kids were being let down by "cowboys" like Genius, according to UWU National President Jo Schofield.

The action comes after employees at Genius centers in the ACT claimed they were frequently denied their salary and that they were not paid for their yearly leave and superannuation.

Further Reading

ACT Educators From Genius Childcare Resign
Genius Learning Fined $15,000 When Two Toddlers Escaped

Reference:
Workers Take Legal Action Against Genius Childcare For Allegedly Delaying Wages and Withholding Superannuation, ABC NEWS Australia