Palm Beach Cafe Operator Sanctioned


The Fair Work Ombudsman has obtained court orders for nearly $9,000 in penalties and arrears against the operator of a cafe located in Palm Beach on the Gold Coast.

The Federal Circuit and Family Court imposed a $5,000 fine on Wildernis Pty Ltd, which operates the Wildernis Cafe and Bar.

The penalty was imposed in response to Wildernis Pty Ltd’s failure to comply with a compliance notice requiring it to refund duties to a worker who had been employed at the cafe as a cook from May 2019 to April 2020.

In addition to the penalty, the court ordered the company to pay the worker $3,992.55 in duties owed, plus interest and superannuation.

Fair Work ombudsman Sandra Parker said business operators who fail to act on compliance notices should be aware that they may face court-imposed penalties in addition to having to pay workers back .

“When compliance notices are not followed, we are prepared to take legal action to ensure that workers receive their legitimate rights,” Ms Parker said.

“Employers should also be aware that taking action to protect workers in the cafe sector continues to be a priority for the FWO. Any employee with concerns about their pay or entitlements should contact us for free advice and assistance. »

The FWO opened an investigation after receiving a request for assistance from the worker concerned. The Compliance Notice was issued in February 2021 after an inspector found the worker had been underpaid under the 2010 Restaurant Industry Award and National Employment Standards Act. fair work.

The inspector believed that the worker, while employed as a casual, was not receiving the casual minimum wage and weekend penalty rates, and when employed as a full-time employee, she was under -paid, his accrued but unused vacation entitlements and payment in lieu of notice of termination at the end of his employment.

The total amount of underpayment owed to the worker was $7,985.10. Wildernis Pty Ltd reimbursed the worker $3,992.55 in three installments after the FWO took legal action.

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