Fair Work Ombudsman
Citation: FWO-2022-03-16-zenobia-trading-litigation-media-release
At a glance
- Respondent
- Zenobia Trading Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against Zenobia Trading Pty Ltd and its sole director, the Respondent, who previously operated 'Zenobia Lebanese Cuisine' in North Strathfield, Sydney. The action follows a request for assistance from a cook employed on a casual basis between February and November 2020. The Applicant alleges that he did not receive all entitlements owed under the Restaurant Industry Award 2020. A Fair Work Inspector issued a Compliance Notice in June 2021, which was not complied with.
What was decided
The Fair Work Ombudsman is seeking penalties against Zenobia Trading Pty Ltd and the Respondent for failing to comply with the Compliance Notice. Zenobia Trading faces a penalty of up to $33,300 and the Respondent faces a penalty of up to $6,660. The court is also expected to order Zenobia Trading to rectify the alleged underpayments, including interest and superannuation. A directions hearing is scheduled for April 2022.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Businesses should ensure they are paying employees correctly, including casual minimum wages and penalty rates, in accordance with relevant awards and legislation.
What it means for employees
Employees who believe they have been underpaid or are not receiving their entitlements should contact the Fair Work Ombudsman for free assistance. Visa holder workers, and employees and employers in the fast food, restaurant and cafe industries, can find information and resources on the Fair Work Ombudsman’s website.
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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 →