Fair Work Ombudsman
Citation: FWO-2023-10-31-upper-esb-second-penalty-media-release
At a glance
- Respondent
- Upper East Side Bondi Pty Ltd
- Penalty
- $164,635
- Employees affected
- 8
- Awards cited
- MA000163
What happened
The Fair Work Ombudsman took legal action against Upper East Side Bondi Pty Ltd, a former Bondi bar and restaurant, and its former director, Julia Rose Gelonese. This followed a request for assistance from a worker and investigations revealing underpayment of eight employees, including visa holders, between September 2019 and March 2020. The workers were employed in front-of-house and kitchen roles. The company and director previously faced penalties in 2021 for similar breaches. They provided false documents and information to the Fair Work Ombudsman on 12 occasions, claiming back-payments had been made.
What was decided
The Federal Circuit and Family Court imposed penalties totalling $164,635 against Upper East Side Bondi Pty Ltd ($137,196) and Julia Rose Gelonese ($27,439.20). The court also ordered the company to back-pay one worker $3,496. The penalties were due to failure to comply with Compliance Notices requiring back-payments of $24,412 and knowingly providing false information. The court emphasised the need to deter employers from failing to comply with Compliance Notices and providing false information.
What it means for employers
Employers must comply with Fair Work Ombudsman requests and provide accurate information. Providing false documents or information to the FWO carries significant penalties. Businesses, and their directors, are at risk of court action and substantial fines for non-compliance, especially if there is a history of previous breaches.
What it means for employees
Employees, particularly those on visas, should seek assistance from the Fair Work Ombudsman if they believe they have been underpaid or are not receiving their entitlements. The FWO prioritises protecting vulnerable migrant workers.
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-2023/20231031-upper-esb-second-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 →