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FWOFair Work Ombudsman · 28 June 2022

Fair Work Ombudsman

Citation: FWO-2022-06-29-souvlaki-gr-litigation-media-release

At a glance

Penalty
$33,300
Employees affected
5
Awards cited
MA000173

What happened

The Fair Work Ombudsman commenced legal action against Souvlaki GR Ormond Pty Ltd, Souvlaki GR Thornbury Pty Ltd, and GR St Kilda Pty Ltd, and their sole director, Despina Karagiozis. This followed requests for assistance from five workers who worked at the Melbourne restaurants between August 2020 and March 2021. The workers, including a cook and four young food and beverage attendants, allegedly were underpaid under the Restaurant Industry Award 2020 and the National Employment Standards. Compliance Notices were issued in October 2021, but were not complied with.

What was decided

The Fair Work Ombudsman is seeking penalties against the companies and Ms. Karagiozis for failing to comply with Compliance Notices. The companies face penalties of up to $33,300 each, and Ms. Karagiozis faces penalties of up to $6,660 per breach. The FWO also seeks orders for the companies to calculate and rectify the alleged underpayments, including superannuation and interest. The proceedings were discontinued in April 2023. The Fair Work Ombudsman emphasized the importance of complying with workplace laws and encourages employees with pay concerns to seek assistance.

What it means for employers

Employers must comply with workplace laws, including paying minimum wages, penalty rates, and entitlements as outlined in awards and the National Employment Standards. Failure to do so and subsequent non-compliance with Compliance Notices can result in significant penalties.

What it means for employees

Employees should be aware of their workplace entitlements and seek assistance from the Fair Work Ombudsman if they suspect they are being underpaid or treated unfairly. Free advice and assistance are available through the Fair Work Infoline.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcompliance

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-2022/20220629-souvlaki-gr-litigation-media-release

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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 →

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