Fair Work Ombudsman
Citation: FWO-2023-08-28-tolu-penalty-media-release
At a glance
- Respondent
- Tolu Investors Pty Ltd
- Penalty
- $9,990
- Employees affected
- 1
What happened
Tolu Investors Pty Ltd, formerly operating Spinnakers Brasserie in Gosford, NSW, and its director Grant Christopher Goldsmith, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of a cook employed between March 2018 and June 2021. The worker, originally from Pakistan, was back-paid over $34,000 in wages and entitlements. A Compliance Notice issued in November 2021 was not followed.
What was decided
The Federal Circuit and Family Court imposed a $7,992 penalty on Tolu Investors Pty Ltd and a $1,998 penalty on Grant Christopher Goldsmith. The penalties were due to the company’s failure to comply with a Compliance Notice regarding underpayment. The worker received $34,000 in back-payment of wages and entitlements. Judge Amanda Mansini noted a lack of contrition from Mr Goldsmith and highlighted the importance of enforcing workplace entitlements. The Fair Work Ombudsman emphasised the consequences of ignoring 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 penalties. The Fair Work Ombudsman prioritises protecting vulnerable workers and improving compliance in sectors like restaurants and cafes. Employers should ensure they are meeting all employee entitlements.
What it means for employees
Employees who believe they have been underpaid or are unsure of their entitlements should contact the Fair Work Ombudsman for free advice and assistance. Visa holders can seek help without fear of visa cancellation through the Assurance Protocol.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/august-2023/20230828-tolu-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 →