Fair Work Ombudsman
Citation: FWO-2023-09-12-kings-fusion-litigation-media-release
At a glance
- Penalty
- $33,300
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against King’s Fusion Pty Ltd, formerly operating the Bayt Al Tanoor restaurant in Yagoona, and its sole director, Najeeb Abdulibdeh. The action follows a request for assistance from a casual food and beverage attendant employed between March and June 2021. A Fair Work Inspector issued a Compliance Notice in April 2022 alleging underpayment of casual minimum wages, overtime entitlements, and weekend penalty rates under the Restaurant Industry Award 2020. The company allegedly failed to comply with the notice and there are also allegations of breach of pay slip laws.
What was decided
The Fair Work Ombudsman is seeking penalties against King’s Fusion Pty Ltd and Najeeb Abdulibdeh for failing to comply with the Compliance Notice and for alleged breaches of pay slip laws. King’s Fusion faces a penalty of up to $33,300, and Mr Abdulibdeh faces a penalty of up to $6,660 for the Compliance Notice breach. For the pay slip breach, King’s Fusion faces a penalty of up to $66,600 and Mr Abdulibdeh faces a penalty of up to $13,320. The FWO is also seeking an order for King’s Fusion to rectify the alleged underpayments, plus interest and superannuation. A directions hearing is scheduled for November 2023.
What it means for employers
Employers, particularly in the fast food, restaurant, and café sectors, must comply with workplace laws and respond to Compliance Notices. Failure to do so can result in significant penalties and orders to back-pay underpaid entitlements.
What it means for employees
Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free assistance.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/september-2023/20230912-kings-fusion-litigation-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 →