Albury cafe operator in court
The Fair Work Ombudsman has commenced legal action against the operator of a café in Albury, in southern New South Wales.
Facing court is sole trader Joanne Maree McKenna, who operates Rita’s Kitchen.
The regulator investigated after receiving a request for assistance from a full-time chef Ms McKenna employed at the café between July 2016 and July 2022.
A Fair Work Inspector issued a Compliance Notice to Ms McKenna in December 2022 after forming a belief that the worker was not paid his full payment in lieu of notice of termination entitlements at the end of his employment, owed under the Fair Work Act’s National Employment Standards.
A breach of pay slip laws is also alleged.
The FWO alleges Ms McKenna, without reasonable excuse, failed to comply with the Compliance Notice, which required her to calculate and back-pay the worker’s entitlements in full. It is alleged the worker has been only partially back-paid.
Fair Work Ombudsman Anna Booth 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 Booth 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 Fair Work Ombudsman. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties against Ms McKenna. Ms McKenna faces a penalty of up to $8,250 for the alleged failure to comply with the Compliance Notice and a penalty of up to $16,500 for the alleged pay slip breach.
The regulator is also seeking a court order for Ms McKenna to pay the outstanding entitlements owed, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 10 October 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.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
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.
