The owner of a now-closed Wollongong restaurant is facing legal action over allegations he underpaid a worker and then failed to back-pay their entitlements.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The Fair Work Ombudsman has commenced proceedings against Shannon Duncan, who operated Paddock to Platter until its closure.
The regulator began investigating after a worker, employed by Mr Duncan as a casual waiter from May to December 2021, requested help.
Subsequently a Fair Work inspector formed the belief Mr Duncan had underpaid the worker minimum wages and weekend penalty rates under the industry award, and issued a compliance notice in 2022, requiring him to calculate and back-pay the worker's entitlements.
The ombudsman alleges that Mr Duncan failed to comply with the notice.
The workplace regulator is seeking a penalty - which could be as much as $6600 - against Mr Duncan for the alleged failure to comply with the compliance notice.
The ombudsman also wants a court order for Mr Duncan to carry out the steps outlined in the compiance notice, including paying the alleged underpayments in full, plus superannuation and interest.
The matter will go before the Federal Circuit and Family Court in Sydney on September 12.
Acting Fair Work Ombudsman Kristen Hannah said the regulator would take businesses to court if they failed to comply with lawful requests.
"Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers," Ms Hannah said.
"Employers should also be aware that taking action to improve compliance in the fast food, restaurant and cafe sector is a priority for the FWO.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
Reading this on mobile web? Download our news app. It's faster, easier to read and we'll send you alerts for breaking news as it happens. Download in the Apple Store or Google Play.
