Fair Work Ombudsman
Citation: FWO-2022-11-21-dupree-penalty-media-release
At a glance
- Penalty
- $8,000
- Employees affected
- 31
- Awards cited
- MA000018, MA000026
What happened
Gary Dupree, a part-owner and director of companies operating the Solstice Café Restaurant, Jimmy D’s Bar and Grill, and The Moonah Hotel in Hobart, has been penalised. The Fair Work Ombudsman investigated after Compliance Notices were not followed, relating to underpayments to 31 wait and kitchen staff between July 2018 and February 2020. The employees included visa holders and young workers. The investigation found breaches of record-keeping laws and underpayment of entitlements including minimum wage rates, casual loadings, annual leave, and penalty rates.
What was decided
The Federal Circuit and Family Court imposed an $8,000 penalty on Gary Dupree for failing to comply with Compliance Notices and breaching record-keeping laws. The penalty will be paid to the affected workers to partially rectify the underpayments. The Fair Work Ombudsman emphasised that businesses ignoring Compliance Notices face penalties and back-payment obligations. Employees with pay concerns are encouraged to contact the Fair Work Ombudsman.
What it means for employers
Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and legal action. Maintaining accurate records and ensuring compliance with relevant awards and legislation is crucial.
What it means for employees
Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free advice and 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/november-2022/20221121-dupree-penalty-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 →