Fair Work Ombudsman
Citation: FWO-2024-01-11-hussain-litigation-media-release
At a glance
- Respondent
- Night Spark Restaurant
- Penalty
- $4,950
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against the Respondent, 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. The Respondent 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 the Respondent 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.
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This summary was drafted 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 →