Fair Work Ombudsman
Citation: FWO-2023-12-15-more-than-skin-penalty-media-release
At a glance
- Respondent
- More Than Skin Pty Ltd
- Penalty
- $124,000
- Employees affected
- 3
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman took legal action against More Than Skin Pty Ltd, which operated The Noshery café in Glebe, Sydney, and its co-directors, Lila and Lupo Stojcevski. The company and individuals failed to comply with Compliance Notices and breached pay slip laws. Three workers, including two international students and a working holiday visa holder, were employed in kitchen and waitstaff roles between September and December 2020. The Fair Work Ombudsman issued Compliance Notices in March and May 2021 regarding underpayment of minimum casual wages, casual penalty rates for weekend and public holiday work, and failure to provide pay slips.
What was decided
The Federal Circuit and Family Court imposed penalties totaling $124,275 against More Than Skin Pty Ltd ($99,900), Lila Stojcevski ($20,379.60), and Lupo Stojcevski ($3,996). The Court ordered the company to back-pay the workers all entitlements, including superannuation and interest. Judge Sophie Given found the respondents showed no contrition and that Ms Stojcevski was deliberately uncooperative. The Court emphasized the need for substantial penalties to deter future non-compliance.
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 and back-pay orders. Employers must also ensure they issue pay slips to employees as legally required. The café and restaurant industry should be particularly aware of their obligations.
What it means for employees
Employees who believe they have been underpaid or are experiencing issues with their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Visa holders are particularly protected, and the FWO prioritizes compliance in sectors like fast food, restaurants, and cafes.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/december-2023/20231215-more-than-skin-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 →