Fair Work Ombudsman
Citation: FWO-2023-05-24-nimos-leisure-penalty-media-release
At a glance
- Respondent
- Nimos Leisure Pty Ltd
- Penalty
- $19,980
- Employees affected
- 1
- Awards cited
- MA000113
What happened
Nimos Leisure Pty Ltd, which operates 'Stannum House' in Tenterfield, New South Wales, and its director, Mohan Lal Siribaddana, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of a Sri Lankan visa holder employed as a food and beverage attendant between December 2017 and January 2019. The company failed to comply with a Compliance Notice requiring back-payment of entitlements. The worker was underpaid weekend overtime, public holiday penalty rates, and annual leave entitlements under the Hospitality Industry (General) Award 2010 and the Fair Work Act’s National Employment Standards.
What was decided
The Federal Circuit and Family Court imposed a $16,650 penalty on Nimos Leisure Pty Ltd and a $3,330 penalty on Mohan Lal Siribaddana. The penalties were issued for failing to comply with a Compliance Notice and for not showing regret for the underpayment. Judge Nicholas Manousaridis found the worker suffered a loss due to the underpayment. The court emphasised the need for penalties to deter future non-compliance with Compliance Notices and to protect vulnerable workers like visa holders. The Fair Work Ombudsman secured a total of $19,980 in penalties.
What it means for employers
Employers, particularly in the accommodation industry, must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Employers should be aware of their obligations to vulnerable workers, such as visa holders, and ensure they receive their lawful entitlements. Ignoring Compliance Notices can lead to costly legal action and reputational damage.
What it means for employees
Employees, especially visa holders, should seek assistance from the Fair Work Ombudsman if they believe they are being underpaid or not receiving their correct entitlements. The Assurance Protocol protects visa holders who seek help from the FWO without fear of visa cancellation.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/may-2023/20230524-nimos-leisure-penalty-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →