Former restaurant and hotel operator penalised
The Fair Work Ombudsman has secured an $8,000 penalty in court against a former part-owner of a restaurant and hotel in Hobart.
The Federal Circuit and Family Court has imposed the penalty against Gary Dupree, who was a part-owner and director of a company that operated the Solstice Café Restaurant in Salamanca, and a restaurant and accommodation business, Jimmy D’s Bar and Grill and The Moonah Hotel, in Moonah.
The penalties were imposed in response to Mr Dupree’s involvement in a failure to comply with a Compliance Notice requiring the back-payment of entitlements to 31 wait and kitchen staff who were employed at the venues between July 2018 and February 2020. Mr Dupree was also involved in a breach of record-keeping laws.
The employees included a number of visa holders and young workers.
The Court has ordered that the penalty be paid to the workers to partially rectify the underpayments.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The Fair Work Ombudsman investigated the matter during an auditing activity targeting Hobart food precincts.
A Fair Work Inspector issued two Compliance Notices in October 2020 after forming a belief that workers at the Solstice Café Restaurant, and Jimmy D’s Bar and Grill and The Moonah Hotel had been underpaid under the Hospitality Industry (General) Award 2010 and the Restaurant Industry Award 2010.
The Inspector formed a belief that the workers were underpaid entitlements including minimum wage rates, casual loadings, annual leave entitlements, and penalty rates for weekend, public holiday and night work.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.
Small businesses can find targeted resources at the Small Business Showcase.
