Fair Work Ombudsman
Citation: FWO-2022-06-14-absolute-thai-penalty-media-release
At a glance
- Respondent
- Absolute Thai Melbourne Pty Ltd
- Penalty
- $19,980
- Employees affected
- 1
What happened
Absolute Thai Melbourne Pty Ltd, which operated a restaurant called Wokks in Carlton, and its director Ronald Nah, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into unpaid entitlements for a food and beverage attendant employed on a casual basis from July 2019 to July 2020. The company failed to comply with Compliance Notices requiring back-payment of entitlements. The worker requested assistance from the Fair Work Ombudsman.
What was decided
The court imposed a $16,650 penalty on Absolute Thai Melbourne Pty Ltd and a $3,330 penalty on Ronald Nah. The company was also ordered to comply with the Compliance Notice and back-pay the worker. Judge Catherine Symons stated the penalty should deter similar conduct and ensure compliance with minimum standards. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and taking action to improve compliance in the restaurant sector.
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 court-imposed penalties. The Fair Work Ombudsman prioritises compliance in the fast food, restaurant, and café sectors.
What it means for employees
Employees who believe they have been underpaid or are not receiving their correct entitlements should contact the Fair Work Ombudsman 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 →