Fair Work Ombudsman
Citation: FWO-2022-04-12-emperors-court-litigation-media-release
At a glance
- Penalty
- $33,300
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against The Emperor’s Court Pty Ltd, which operated a restaurant in Wembley, and its sole director, Gia Gian Wong. The action follows a request for assistance from a former full-time cook employed from June to September 2020. A Fair Work Inspector issued a Compliance Notice in July 2021, alleging the worker was underpaid minimum wage, overtime, penalty rates, leave entitlements, and accrued annual leave. The company failed to comply with the notice, and Mr Wong is alleged to have been involved.
What was decided
The Fair Work Ombudsman is seeking penalties against The Emperor’s Court Pty Ltd (up to $33,300) and Gia Gian Wong (up to $6,660) for failing to comply with the Compliance Notice. The court is also expected to order the company to rectify the alleged underpayments, including interest and superannuation. A directions hearing is scheduled for May 2022. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and taking legal action when businesses fail to do so.
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 and orders to back-pay entitlements plus interest and superannuation. Directors can be held personally liable for breaches.
What it means for employees
Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman provides resources and support for workers in the fast food, restaurant, and cafe industries.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/april-2022/20220412-emperors-court-litigation-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 →