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FWOFair Work Ombudsman · 30 June 2022

Fair Work Ombudsman

Citation: FWO-2022-07-01-bean-away-litigation-media-release

At a glance

Penalty
$33,300
Employees affected
1

What happened

The Fair Work Ombudsman commenced legal action against Bean Away Pty Ltd, which operates a Zarraffa’s Coffee store in Pacific Pines, Gold Coast, and its sole director, Gregory Michael Matthew. A former store manager, employed between February 2019 and March 2021, requested assistance. A Fair Work Inspector issued a Compliance Notice in September 2021, concerning unpaid payment in lieu of notice upon termination. The company allegedly failed to comply with the notice.

What was decided

The Fair Work Ombudsman alleges Bean Away failed to pay the worker their full payment in lieu of notice and did not comply with a Compliance Notice. Gregory Michael Matthew is also alleged to have been involved in the failure. Bean Away has since made the payment to the worker. A directions hearing is scheduled in the Federal Circuit and Family Court. The company faces a penalty of up to $33,300, and Mr Matthew faces a penalty of up to $6,600.

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. Ensuring accurate payment in lieu of notice upon termination is crucial.

What it means for employees

Employees who believe they have not received proper payment or entitlements should contact the Fair Work Ombudsman for assistance. Free advice and interpreter services are available.

underpaymentgeneral-protectionspenalty-ratesmodern-award-variation

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/july-2022/20220701-bean-away-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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