Fair Work Ombudsman
Citation: FWO-2024-01-25-fielden-litigation-media-release
At a glance
- Penalty
- $6,660
- Employees affected
- 1
- Awards cited
- MA000173, MA000207
What happened
The Fair Work Ombudsman has commenced legal action against Linda Mary Fielden, the former operator of The Lakes Boatshed Café in Lakes Entrance, Victoria. A worker employed between November 2016 and March 2022, initially as a casual and later part-time, requested assistance. A Fair Work Inspector issued a Compliance Notice in August 2022, believing the worker was underpaid various entitlements under the Restaurant Industry Award 2010, Restaurant Industry Award 2020, and the National Employment Standards. Ms Fielden allegedly failed to comply with the notice and has partially back-paid the worker.
What was decided
The Fair Work Ombudsman is seeking penalties and orders for Ms Fielden to rectify the alleged underpayment, including interest. A directions hearing is scheduled for February 8, 2024, in the Federal Circuit and Family Court in Melbourne. The Ombudsman emphasised the importance of complying with workplace laws and will take action against businesses that fail to do so. The current operators of the café are not subject to these allegations.
What it means for employers
Employers, particularly in the fast food, restaurant, and café sectors, must ensure they are complying with workplace laws and fulfilling employee entitlements. Failure to respond to Compliance Notices can result in significant penalties and orders to back-pay underpaid wages.
What it means for employees
Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and tools to help employees understand their rights.
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-2024/20240125-fielden-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 →