The Snapchat message that landed a builder in the Federal Court

A sole trader carpenter in Geelong is headed to the Federal Circuit and Family Court after the Fair Work Ombudsman launched legal action against him earlier this month. The case involves an 18-year-old apprentice who messaged his boss on Snapchat to say he was unwell and couldn’t come in. The alleged response was a threat to dock a week’s pay if he didn’t show up, and a warning that taking personal leave in the future would cost him his job.

It is a simple, avoidable situation that has turned into a serious legal matter. And if you hire apprentices or young workers, this case is worth your attention.

What actually happened

In January 2023, the apprentice sent his employer, Caleb Geoffrey Stubbs trading as CS Carpentry Geelong, a message via Snapchat saying he was sick and would not be in that day. The Fair Work Ombudsman alleges Stubbs responded by threatening to withhold pay and, if the apprentice ever took personal leave again, terminate his employment.

The FWO investigated after receiving complaints from two 18-year-old workers employed by Stubbs. As well as the alleged adverse action, investigators found the apprentice had not been fully paid his minimum wages, public holiday entitlements, or leave entitlements under the Building and Construction General On-site Award 2020. There were also alleged breaches of pay slip laws.

A Compliance Notice was issued in April 2023. Stubbs allegedly did not comply with it. The FWO then escalated to court proceedings.

He now faces penalties of up to $16,500 for each of the adverse action and pay slip contraventions, and up to $8,250 for failing to comply with the Compliance Notice. A directions hearing is listed for 21 May 2026.

Why this matters beyond one bad Snapchat message

This case is not about one aggressive reply on a social media platform. It is about a pattern of conduct that the FWO takes seriously: a young worker, underpaid from the start, was then threatened with losing his job for doing something he was legally entitled to do.

Under the Fair Work Act, employees have general protections. One of those protections is the right to exercise a workplace right without suffering adverse action as a result. Taking personal leave is a workplace right. Threatening someone’s job because they called in sick is adverse action. It does not matter whether the threat was made in a text, an email, or on Snapchat. The medium is irrelevant. The conduct is what counts.

Acting Fair Work Ombudsman Rachel Volzke put it plainly: sick leave is a fundamental lawful entitlement, and workers have a right to access it without negative consequences.

If you hire apprentices, here’s what you need to get right

Apprentices are not a different category of worker when it comes to their legal entitlements. They have the same protections as any other employee under the Fair Work Act, and in many cases the FWO actively prioritises enforcement action involving young or vulnerable workers.

A few things to check in your own business.

Award compliance. Apprentices in the trades are typically covered by industry-specific awards. The Building and Construction General On-site Award 2020 covers carpentry apprentices, but your industry may sit under a different award. Make sure you know which award applies, what the minimum rates are for each year of apprenticeship, and whether you are paying them correctly for ordinary hours, overtime, and leave.

Leave entitlements. Personal leave accrues for full-time and part-time employees from day one. Apprentices are not exempt. If someone calls in sick and they have accrued personal leave, they are entitled to use it. Refusing to pay, or making threats, exposes you to adverse action claims.

Pay slips. Pay slip breaches are common and easy to avoid. Every employee must receive a pay slip within one business day of being paid. It needs to include the right information. If you are not sure whether your pay slips are compliant, check now rather than after a complaint is lodged.

How you respond to Compliance Notices. In this case, a Compliance Notice was issued and ignored. That decision escalated a matter that might have been resolved into full court proceedings. If you ever receive a Compliance Notice, get advice immediately and respond to it. Ignoring it is treated as a separate contravention.

The risk is real and it is growing

The FWO has named protecting young workers and improving compliance in the building and construction industry as active enforcement priorities. That means increased scrutiny on businesses operating in trades and construction, and on employers of apprentices more broadly.

Cases like this do not stay private. They become public media releases, they appear in Google searches, and they damage reputations in a way that takes time to recover from. The financial penalties are significant. The reputational cost can be worse.

Getting your apprentice arrangements right from the start is not difficult. It does require knowing what the rules are and having someone check that you are actually following them.

If you are not confident your apprentice arrangements are compliant, our HR Gurus membership gives you direct access to an experienced HR consultant who can check your award obligations, review your leave and pay slip processes, and make sure you are not sitting on a problem you do not know about. Find out more about HR Gurus membership and what is included.