The Fair Work Ombudsman has commenced legal action against the operator of a cafe located in Palm Beach on the Gold Coast.
Facing court is Wildernis Pty Ltd, which operates Wildernis Cafe and Bar.
The FWO commenced an investigation after receiving a request for assistance from a worker employed at the café as a cook from May 2019 to April 2020.
A Fair Work Inspector issued a Compliance Notice to Wildernis Pty Ltd in February 2021 after forming a belief the worker had not been paid all entitlements owed under the Restaurant Industry Award 2010 and the National Employment Standards.
The inspector formed a belief the worker, while employed as a casual, was not paid the casual minimum wage and weekend penalty rates, and when employed as a full-time employee was underpaid their accrued but unused annual leave on termination and pay in lieu of notice of termination.
The FWO alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s outstanding entitlements in full.
In June 2021, Wildernis Pty Ltd agreed the former employee was owed $7,985.10. They paid the worker $1,330.85 (less applicable tax) that month but made no further payments.
The FWO is seeking a penalty against Wildernis Pty Ltd. The company faces a maximum penalty of $33,300.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes making back-payments of an estimated $6,654.25 (less applicable tax) to the worker, plus interest and superannuation.
A hearing is listed in the Federal Circuit and Family Court in Brisbane on 10 May 2022.
Important Notice re Copyright:
The information above is produced by the Fair Work Ombudsman – ‘© Fair Work Ombudsman www.fairwork.gov.au‘.)
This information has been shared to help business owners and managers understand and comply with their legal obligations under Australian employment laws.
There is no connection, sponsorship or endorsement between BetterHR, BetterHR products &/or services and the Commonwealth of Australia (or any of its agencies, including the Fair Work Ombudsman).
Important Notice re Copyright:
The information above is produced by the Fair Work Ombudsman – ‘© Fair Work Ombudsman www.fairwork.gov.au‘.)
This information has been shared to help business owners and managers understand and comply with their legal obligations under Australian employment laws.
There is no connection, sponsorship or endorsement between BetterHR, BetterHR products &/or services and the Commonwealth of Australia (or any of its agencies, including the Fair Work Ombudsman).
