Fair Work Ombudsman
Citation: FWO-2023-06-15-hml-penalty-media-release
At a glance
- Respondent
- HML Holdings Pty Ltd
- Penalty
- $20,000
- Employees affected
- 1
What happened
HML Holdings Pty Ltd, a former franchisee of an Espresso Warriors café in Mittagong, New South Wales, failed to comply with a Compliance Notice. The company did not pay a Nepalese migrant worker, employed as a full-time chef from June 2020 to February 2022, accrued annual leave entitlements. The Fair Work Ombudsman investigated after a worker requested assistance. The café ceased operating in 2022.
What was decided
The Federal Circuit and Family Court imposed a $20,000 penalty against HML Holdings Pty Ltd for failing to comply with the Compliance Notice. The court also ordered the company to back-pay the worker’s entitlements plus interest. Judge Natasha Laing found the company showed a disregard for its obligations under the Fair Work Act and demonstrated no contrition. The FWO has secured over $13.4 million in penalties in visa holder litigations in the past five years.
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 back-payment of entitlements. The FWO prioritises protecting vulnerable workers, including visa holders, and will take legal action against non-compliant businesses.
What it means for employees
Visa holders have the same workplace rights as Australian citizens and permanent residents. 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.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/june-2023/20230615-hml-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 →