Former Wollongong restaurant operator in court
The Fair Work Ombudsman has commenced legal action against the former operator of a restaurant on the South Coast of New South Wales.
Facing court is sole trader Shannon Duncan, who operated a restaurant that traded as Paddock to Platter in Wollongong until it closed.
The regulator investigated after receiving a request for assistance from a worker Mr Duncan employed as a casual food and beverage attendant from May to December, 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Duncan in April 2022 after forming a belief that the worker had been underpaid minimum wages, and weekend penalty rates, under the Restaurant Industry Award 2020.
The FWO alleges Mr Duncan, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.
Acting Fair Work Ombudsman Kristen Hannah said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“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 café 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.”
The FWO is seeking a penalty against Mr Duncan for the alleged failure to comply with the Compliance Notice. He faces a penalty of up to $6,660.
The regulator is also seeking a court order for Mr Duncan to take the steps set out in the Compliance Notice, which includes rectifying the alleged underpayments in full, plus superannuation and interest.
The next hearing date in the Federal Circuit and Family Court in Sydney is on 12 September 2023.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.
Small businesses can find targeted resources at the Small Business Showcase and information is available for employees and employers at our fast food, restaurants & cafés webpage.
