Fair Work Ombudsman
Citation: FWO-2024-10-10-metisse-litigation-media-release
At a glance
- Penalty
- $7,733
- Employees affected
- 2
What happened
The Fair Work Ombudsman has commenced legal action against Metisse Bar and Restaurant Group Pty Ltd and its sole director, Opel Opu Khan. The company previously operated a French-inspired restaurant, Metisse, in Potts Point, Sydney. Two French visa holders, a cook and a food and beverage supervisor, worked for the company between February and May 2023. A Fair Work Inspector issued Compliance Notices in August 2023, alleging underpayment of minimum wages, overtime, penalty rates, personal leave, and annual leave entitlements. The company allegedly failed to comply with these notices, and the total amount owed to the workers was estimated at $7,733.
What was decided
The Fair Work Ombudsman is seeking penalties against Metisse Bar and Restaurant Group and Opel Opu Khan for failing to comply with Compliance Notices. Metisse Bar and Restaurant Group faces penalties of up to $46,950 per contravention, and Mr Khan faces penalties of up to $9,390 per contravention. The court is also seeking an order for the company to pay the alleged outstanding amount of $7,733 to the employees. A directions hearing is scheduled for November 15, 2024.
What it means for employers
Employers, particularly in the fast food, restaurant, and cafe sector, must ensure they comply with workplace laws and respond appropriately to Compliance Notices from the Fair Work Ombudsman. Failing to do so can result in significant penalties and back-payment orders. Employers should be especially vigilant regarding the pay and entitlements of visa holder employees.
What it means for employees
Employees, especially those on temporary visas, should seek free advice and assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. The Fair Work Ombudsman provides resources and support for both employees and employers.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/october-2024/20241010-metisse-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 →