Fair Work Ombudsman
Citation: FWO-2023-10-04-mckenna-litigation-media-release
At a glance
- Penalty
- $8,250
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against Joanne Maree McKenna, the operator of Rita’s Kitchen, a café in Albury, New South Wales. The action follows a request for assistance from a full-time chef who was employed at the café between July 2016 and July 2022. A Fair Work Inspector issued a Compliance Notice in December 2022 regarding unpaid payment in lieu of notice entitlements and a breach of pay slip laws. Ms McKenna allegedly failed to comply with the Compliance Notice and has only partially back-paid the worker.
What was decided
The Fair Work Ombudsman is seeking penalties against Ms McKenna for failing to comply with the Compliance Notice and for the alleged pay slip breach. The court may order her to pay penalties and back-pay the worker’s outstanding entitlements, including superannuation and interest. A directions hearing is scheduled for October 10, 2023, in the Federal Circuit and Family Court in Sydney. The Fair Work Ombudsman emphasises enforcement of workplace laws and taking businesses to court when requests are not met.
What it means for employers
Employers, particularly those in the fast food, restaurant, and café sector, should ensure they comply with Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in significant penalties and court orders for back-payment of entitlements. Employers should review their pay and record-keeping practices to ensure compliance with workplace laws.
What it means for employees
Employees who believe they have not received their full entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and courses to help employers understand Compliance Notices and how to respond.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/october-2023/20231004-mckenna-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 →