Fair Work Ombudsman
Citation: FWO-2023-03-02-emperors-court-penalty-media-release
At a glance
- Respondent
- The Emperor's Court Pty Ltd
- Penalty
- $27,930
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman investigated The Emperor's Court Pty Ltd, a former restaurant in Wembley, Perth, and its sole director, the Respondent. A visa-holder worker from Thailand was employed as a cook from June to September 2020. The company failed to comply with a Compliance Notice requiring it to calculate and back-pay the worker's entitlements, including minimum wages, overtime, penalty rates, and leave. The Fair Work Inspector issued the Compliance Notice in July 2021 after a request for assistance from the worker.
What was decided
The Federal Circuit and Family Court imposed penalties of $23,310 against The Emperor's Court Pty Ltd and $4,620 against the Respondent. The court ordered the company to back-pay the worker in full, including interest and superannuation, and to take the steps outlined in the Compliance Notice. Judge Allyson Ladhams found that the company and the Respondent had not provided a reasonable excuse for non-compliance and demonstrated a disregard for workplace laws. The penalties are intended to highlight the consequences of failing to comply with Compliance Notices.
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 court-imposed penalties and the obligation to back-pay entitlements. The FWO is prioritising compliance in the fast food, restaurant, and café sector, particularly regarding vulnerable workers like visa holders.
What it means for employees
Employees, especially visa holders, can seek assistance from the Fair Work Ombudsman without fear of visa repercussions due to the Assurance Protocol. Employees concerned about their pay or entitlements should contact the FWO for free advice and assistance.
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This summary was drafted 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 →