Fair Work Ombudsman
Citation: FWO-2022-03-25-kurosawa-penalty-media-release
At a glance
- Respondent
- Sydney Kimbab Nara
- Penalty
- $2,500
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman investigated Sydney Kimbab Nara, a take-away food outlet in Sydney CBD, after the Applicant from South Korea, who held a 417 working holiday visa, requested assistance. The Fair Work Ombudsman believed the worker was underpaid minimum wage rates, casual loadings, and weekend penalty rates under the Fast Food Industry Award 2010. The operator, the Respondent, initially failed to comply with a Compliance Notice requiring back-payment of entitlements. the Respondent subsequently back-paid the worker after legal action commenced.
What was decided
The Federal Circuit and Family Court imposed a $2500 penalty against the Respondent for failing to comply with a Compliance Notice. the Commissioner stated that businesses ignoring Compliance Notices face court penalties and back-payment obligations. The decision highlights the Fair Work Ombudsman’s focus on protecting vulnerable workers and improving compliance in the fast food, restaurant, and café sector. Affected employees are encouraged to seek free advice and assistance from the Fair Work Infoline.
What it means for employers
Employers must act promptly on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties in addition to back-payment obligations. The Fair Work Ombudsman prioritises protecting vulnerable workers, particularly in sectors like fast food and hospitality.
What it means for employees
Employees experiencing concerns about their pay or entitlements should contact the Fair Work Infoline for free advice and assistance. Interpreter services are available.
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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 →