Fair Work Ombudsman
Citation: FWO-2022-02-01-andary-second-litigation-media-release
At a glance
- Respondent
- The Valley Pizza
- Penalty
- $6,660
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against the Respondent, a former operator of 'The Valley Pizza' in Nuriootpa, South Australia. This follows a request for assistance from a worker who was employed as a casual fast food employee between December 2018 and August 2019. A Fair Work Inspector believed the worker was underpaid casual rates and penalty rates. The Respondent previously faced penalties in November 2021 for failing to comply with a Compliance Notice.
What was decided
The Fair Work Ombudsman is taking the Respondent to court for failing to comply with a Compliance Notice. The notice required him to calculate and back-pay the worker’s entitlements. The court can order the Respondent to pay penalties and rectify the underpayment, including superannuation and interest. A directions hearing is scheduled for May 3, 2022. He previously received a penalty of $3,500 in November 2021 for a similar failure.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court action, penalties, and orders to back-pay entitlements. This case highlights the importance of ensuring accurate pay and penalty rate calculations for all employees, particularly casual workers.
What it means for employees
Employees who believe they have been underpaid should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman can investigate and take action against employers who fail to pay entitlements.
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https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/february-2022/20220201-andary-second-litigation-media-releaseSend your details to Liquid Employment Lawyers
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections