Fair Work Ombudsman
Citation: FWO-2022-03-09-house-of-hoi-an-penalty-media-release
At a glance
- Respondent
- House Hoi An Pty Ltd
- Penalty
- $66,339
- Employees affected
- 3
- Awards cited
- MA000035
What happened
The Fair Work Ombudsman investigated House Hoi An Pty Ltd, a Vietnamese restaurant in Prahran, Melbourne, and its director, Keerthi Hapugasdeniya. The investigation began after employees, two from Vietnam and one from Sri Lanka, requested assistance regarding their pay and entitlements. A Compliance Notice was issued in October 2019, requiring back-payment of entitlements under the Restaurant Industry Award 2010 and National Employment Standards. The company partially back-paid some workers but failed to fully comply with the notice and breached record-keeping and payslip laws.
What was decided
The Federal Circuit and Family Court imposed penalties of $58,684.50 against House Hoi An Pty Ltd and $7,654.50 against Keerthi Hapugasdeniya for failing to comply with the Compliance Notice and breaching record-keeping and payslip laws. The Court ordered House Hoi An Pty Ltd to fully comply with the Compliance Notice, including back-paying superannuation entitlements. Judge Riley found the failure to comply was deliberate and emphasized the need for general and specific deterrence. The restaurant is not in liquidation, and the director may employ people in the future.
What it means for employers
Employers must act on Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties. The Fair Work Ombudsman prioritizes compliance in the fast food, restaurant, and café sectors. Employers should ensure they are meeting their obligations regarding record-keeping and payslips.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/march-2022/20220309-house-of-hoi-an-penalty-media-releaseWant more cases like this?
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This summary was drafted by AI 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 →