Fair Work Ombudsman
Citation: FWO-2022-06-01-tolu-investors-cn-media-release
At a glance
- 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, Grant Christopher Goldsmith, former operators of Spinnakers Brasserie in Gosford, NSW. The action follows a request for assistance from a former cook who was engaged as a full-time employee. An inspector believed the cook, 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 Mr Goldsmith failed to comply with a Compliance Notice requiring them to calculate and back-pay the employee’s entitlements. The company and Mr Goldsmith 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.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/june-2022/20220601-tolu-investors-cn-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 →