Fair Work Ombudsman
Citation: FWO-2022-06-01-tolu-investors-cn-media-release
At a glance
- Respondent
- Tolu Investors Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000173, MA000207
What happened
The Fair Work Ombudsman is taking legal action against Tolu Investors Pty Ltd and its director, the Respondent, former operators of Spinnakers Brasserie in Gosford, NSW. The action follows a request for assistance from the Applicant who was engaged as a full-time employee. An inspector believed the Applicant, who speaks Urdu as a first language, was underpaid wages and personal leave entitlements between March 2018 and June 2021, in breach of the Restaurant Industry Award 2010, Restaurant Industry Award 2020 and the National Employment Standards. The company partially back-paid some entitlements.
What was decided
The Fair Work Ombudsman alleges Tolu Investors and the Respondent failed to comply with a Compliance Notice requiring them to calculate and back-pay the Applicant’s entitlements. The company and the Respondent are facing penalties for failing to comply with the notice. A directions hearing is scheduled in the Federal Circuit and Family Court. The Fair Work Ombudsman is seeking orders for full rectification of underpayments, including interest and superannuation.
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 accurately calculating and paying employee entitlements according to relevant awards and legislation.
What it means for employees
Employees who believe they have been underpaid or are not receiving correct 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 →