Fair Work Ombudsman
Citation: FWO-2022-10-12-rika-foods-second-litigation-media-release
At a glance
- Respondent
- Rika Foods North Melbourne Pty Ltd
- Penalty
- $14,400
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against Rika Foods North Melbourne Pty Ltd, which operated a juice and coffee bar in Collingwood, and its director, Radomir Pantovic. A worker in her early 20s contacted the Fair Work Ombudsman after alleging she did not receive JobKeeper payments she was entitled to. It is alleged that between September 2020 and March 2021, the company received $14,400 in JobKeeper payments but did not pass them on to the worker. The company failed to comply with a Compliance Notice issued in November 2021, requiring the outstanding payments. This is the second time the Fair Work Ombudsman has taken legal action against the company and director.
What was decided
The Fair Work Ombudsman is seeking penalties against Rika Foods North Melbourne Pty Ltd and Radomir Pantovic for failing to comply with a Compliance Notice. The company faces a penalty of up to $33,300, and Mr Pantovic faces a penalty of up to $6,660. The court is also seeking an order for the company to provide the $14,400 in JobKeeper payments, plus interest, to the worker. A directions hearing is scheduled for November 2022. This follows previous legal action in 2021 where penalties were imposed for failing to back-pay entitlements to a visa holder worker.
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 passing on any government support payments received to their employees.
What it means for employees
Employees who believe they have not received their correct entitlements, including JobKeeper payments, should contact the Fair Work Ombudsman for assistance. Free advice and assistance is available through the Fair Work Infoline.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/october-2022/20221012-rika-foods-second-litigation-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 →