Fair Work Ombudsman
Citation: FWO-2023-05-04-zenobia-trading-penalty-media-release
At a glance
- Respondent
- Zenobia Trading Pty Ltd
- Penalty
- $18,000
- Employees affected
- 1
- Awards cited
- MA000173
What happened
Zenobia Trading Pty Ltd, formerly operating 'Zenobia Lebanese Cuisine' in North Strathfield, Sydney, and its sole director, Jorge Ballas, failed to comply with a Compliance Notice. The notice required them to calculate and back-pay entitlements to an international student employed as a casual cook between February and November 2020. The Fair Work Ombudsman investigated after a worker requested assistance. The worker was underpaid casual minimum wage rates and penalty rates for weekend and late-night work.
What was decided
The Federal Circuit and Family Court imposed a $15,000 penalty on Zenobia Trading Pty Ltd and a $3,000 penalty on Jorge Ballas. The court ordered Zenobia Trading to back-pay the worker all entitlements, including interest and superannuation, as outlined in the Compliance Notice. Fair Work Ombudsman Sandra Parker emphasized the consequences of failing to comply with Compliance Notices and the FWO's focus on protecting vulnerable workers like visa holders.
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 prioritises compliance in sectors like fast food, restaurants, and cafes, and particularly protects vulnerable workers.
What it means for employees
Visa holders have the same workplace rights as other employees. Employees concerned about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Assurance Protocol protects visa holders who seek help from the FWO.
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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 →