Restaurant in court
The Fair Work Ombudsman has commenced legal action against the operator of a restaurant in inner-city Melbourne.
Facing court is sole trader Muntazir Hussain who operates Night Spark Restaurant in Brunswick East.
The regulator investigated after receiving a request for assistance from a full-time cook Mr Hussain employed at the restaurant from August to September 2022.
The worker was a Pakistani national on a bridging visa.
A Fair Work Inspector issued a Compliance Notice to Mr Hussain in January 2023 after forming a belief the worker was owed entitlements under the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The inspector formed a belief that the worker had been underpaid minimum wages, penalty rates for working weekends and evenings and was not paid his accrued but untaken annual leave entitlements at the end of his employment.
The Fair Work Ombudsman alleges Mr Hussain, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.
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 also need to be aware that taking action to protect workers such as visa holders who can often be more vulnerable and improving compliance in the fast food, restaurant and café sector are among our top priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties in court. Mr Hussain faces a penalty of up to $6,660 for the alleged failure to comply with the Compliance Notice.
The regulator is also seeking orders for Mr Hussain to rectify the alleged underpayment in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 1 February 2024.
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.
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.
The FWO has interactive tools to help employers and employees in the fast food, restaurant and café sector, and employers can also use FWO’s pay calculator and Small Business Showcase. Information is also available for employees and employers at our visa holders and migrants webpage.
