Former Sydney restaurant operators penalised
The Fair Work Ombudsman has secured a total of $18,000 in court penalties against the former operators of a restaurant in Sydney’s inner west.
The Federal Circuit and Family Court has imposed a $15,000 penalty against Zenobia Trading Pty Ltd, which formerly operated ‘Zenobia Lebanese Cuisine’ in North Strathfield, and a $3,000 penalty against the company’s sole director Jorge Ballas.
The penalties were imposed in response to Zenobia Trading failing to comply with a Compliance Notice requiring it to calculate and back-pay entitlements to an international student it employed as a causal cook at the restaurant between February and November 2020. Mr Ballas was involved in the contravention.
In addition to the penalties, the Court has ordered Zenobia Trading to take the steps set out in the Compliance Notice, including back-paying the worker in full, plus interest and superannuation.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties 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.
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and café sector and protecting vulnerable workers like visa holders are enduring priorities for the FWO. Visa holders have the same workplace rights as any other employee.”
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance,” Ms Parker said.
The FWO investigated after receiving a request for assistance from the affected worker.
The Compliance Notice was issued in June 2021 after a Fair Work Inspector formed a belief that the worker had not been paid all entitlements owed under the Restaurant Industry Award 2020.
The FWO discovered that the worker was underpaid his casual minimum wage rate and penalty rates for weekend and late-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 and information is available for employees and employers at our visa holders and migrants and fast food, restaurants and cafes webpages.
The Fair Work Ombudsman has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders with work rights can ask for help without fear of their visa being cancelled. Details are at our visa protections webpage.
