Kebab shops operator in court
The Fair Work Ombudsman has commenced legal action against Ilhan Harman, who was allegedly involved in operating ‘Hero Kebab and Café’ outlets in various locations in central Queensland.
The regulator investigated after receiving a request for assistance from a young worker who was employed on a casual basis as a fast food worker across two Hero Kebab and Café outlets in the Rockhampton CBD in March-September 2022, when she was aged 22 to 23.
The outlets were operated at the time by Harmans Food Group Pty Ltd, of whom Mr Harman is the sole director. The company is now in liquidation and the FWO’s legal action against the company is not proceeding.
A Fair Work Inspector issued a Compliance Notice to Harmans Food Group in August 2023 after forming a belief the worker was owed entitlements under the Fast Food Industry Award 2010, Fast Food Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The inspector formed a belief that the worker was underpaid minimum wages, casual loading, overtime and penalties for weekend work.
The Fair Work Ombudsman alleges Mr Harman was involved in the failure to comply with the Compliance Notice, which required the calculation and back-payment of the worker’s entitlements. It is alleged that the amount Harmans Food Group was required to pay under the Compliance Notice was $6,766, plus superannuation.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses, including individuals, 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 and make payments to workers,” Ms Booth said.
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and café sectors and protecting young workers 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 a penalty against Mr Harman in court for his alleged involvement in the failure to comply with the Compliance Notice. He faces a penalty of up to $8,250.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 16 October 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. An interpreter service is available on 13 14 50. Employees can also seek information from their employer and their union, if they are a union member.
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 information is available at our young workers and students webpage. Employers can also use FWO’s pay calculator and Small Business Showcase.
