Fair Work Ombudsman
Citation: FWO-2022-04-13-benny842-litigation-media-release
At a glance
- Respondent
- Benny842 Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000129
What happened
The Fair Work Ombudsman has commenced legal action against Benny842 Pty Ltd, formerly operating a Burger Boss restaurant in Pakenham, and its former director, Shane Dharmatilake. A young worker, aged 20, was employed as a food and beverage attendant from June to October 2020. A Fair Work Inspector issued a Compliance Notice in December 2020 after suspecting the worker was underpaid minimum wage, overtime, penalty rates, and accrued annual leave. The company allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against Benny842 Pty Ltd and the Respondent for failing to comply with the Compliance Notice. Benny842 Pty Ltd faces a penalty of up to $33,300, and the Respondent faces a penalty of up to $6,660. The Ombudsman also seeks an order for Benny842 Pty Ltd to rectify the alleged underpayments, including interest and superannuation. A directions hearing is scheduled for July 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. Employers should ensure they are paying employees correctly, including minimum wages, overtime, penalty rates, and accrued annual leave.
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 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