Fair Work Ombudsman
Citation: FWO-2024-01-11-hussain-litigation-media-release
At a glance
- Penalty
- $4,950
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against Muntazir Hussain, the sole trader who operates Night Spark Restaurant in Brunswick East, Melbourne. A cook employed from August to September 2022, who was a Pakistani national on a bridging visa, requested assistance. A Fair Work Inspector issued a Compliance Notice in January 2023, believing the worker was underpaid minimum wages, penalty rates, and accrued annual leave. Mr Hussain allegedly failed to comply with the notice, which required him to calculate and back-pay entitlements.
What was decided
The Federal Circuit and Family Court imposed a $4,950 penalty against Mr Hussain for failing to comply with the Compliance Notice. The court also ordered him to calculate and rectify any underpayment. The Fair Work Ombudsman is seeking further penalties, up to $6,660, and orders for full rectification of the alleged underpayment, including interest and superannuation. A directions hearing is scheduled for February 1, 2024.
What it means for employers
Employers, especially those in the fast food, restaurant, and café sectors, must comply with Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements. Employers should be particularly aware of the vulnerability of visa holders and ensure compliance with workplace laws.
What it means for employees
Employees, particularly visa holders, who believe they have been underpaid or denied entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman provides resources and tools to help employees understand their rights and obligations.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/january-2024/20240111-hussain-litigation-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →