Fair Work Ombudsman
Citation: FWO-2022-12-13-hml-holdings-litigation-media-release
At a glance
- Penalty
- $6,000
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against HML Holdings Pty Ltd, a former franchisee of an Espresso Warriors café in Mittagong, New South Wales. The action follows a request for assistance from a full-time chef employed by the company between June 2020 and February 2022. The chef, a visa holder from Nepal, alleges he was not paid accrued but untaken annual leave entitlements. A Fair Work Inspector issued a Compliance Notice in May 2022, which HML Holdings allegedly failed to comply with.
What was decided
The Fair Work Ombudsman is taking HML Holdings Pty Ltd to court for allegedly failing to comply with a Compliance Notice regarding unpaid annual leave entitlements to a former employee. The company faces a potential penalty of up to $33,300 and is also required to rectify the alleged underpayment, plus interest. A directions hearing is scheduled for December 2022. The Fair Work Ombudsman emphasizes the importance of complying with workplace laws and protecting vulnerable employees.
What it means for employers
Employers must ensure they comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements. Employers should be particularly aware of their obligations to vulnerable employees, such as visa holders.
What it means for employees
Employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. Visa holders can seek help without fear of visa cancellation due to the Assurance Protocol agreement between the FWO and the Department of Home Affairs.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/december-2022/20221213-hml-holdings-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 →