Fair Work Ombudsman
Citation: FWO-2024-03-26-duncan-penalty-media-release
At a glance
- Penalty
- $5,328
- Employees affected
- 1
- Awards cited
- MA000173
What happened
Shannon Duncan, the former operator of a restaurant called Paddock to Platter in Wollongong, New South Wales, failed to comply with a Compliance Notice. The Fair Work Ombudsman investigated after a worker requested assistance. The worker, a casual food and beverage attendant, was employed from May to December 2021. The Compliance Notice required Duncan to back-pay the worker for underpayment of minimum wages and weekend penalty rates.
What was decided
The Federal Circuit and Family Court imposed a $5,328 penalty against Shannon Duncan. He must also now comply with the Compliance Notice, rectifying the underpayment in full, including interest and superannuation. Fair Work Ombudsman Anna Booth stated that failing to act on Compliance Notices can result in penalties and back-pay orders. The FWO prioritises compliance in the fast food, restaurant, and café sectors.
What it means for employers
Employers must act promptly on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can lead to court penalties and orders to back-pay workers, along with interest and superannuation. The Fair Work Ombudsman is actively monitoring the restaurant and café sector.
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 advice and assistance. The Fair Work Ombudsman offers online resources and courses for employers and employees.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/march-2024/20240326-duncan-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 →