Fair Work Ombudsman
Citation: FWO-2025-06-20-hay-and-miller-litigation-media-release
At a glance
- Penalty
- $2,788
- Employees affected
- 1
What happened
The Fair Work Ombudsman has taken legal action against Amanda Hay and Suzanne Miller, former operators of 'The Pantry at Corrimal' restaurant in Wollongong, NSW. The action relates to alleged underpayment and failure to pay penalty rates to a young casual food and beverage attendant employed in August-September 2022. A Fair Work Inspector issued a Compliance Notice in April 2023, requiring back-payment of entitlements, but it was allegedly not fully complied with. Approximately $2,188 remains outstanding.
What was decided
The Fair Work Ombudsman is seeking penalties against Amanda Hay and Suzanne Miller for failing to comply with the Compliance Notice. Each respondent faces a potential penalty of up to $8,250. The court is also requested to order payment of the outstanding $2,188 (plus interest). A directions hearing is scheduled for August 8, 2025, in the Federal Circuit and Family Court in Sydney. The Fair Work Ombudsman emphasises enforcement of workplace laws and taking employers to court when requests are not met.
What it means for employers
Employers, particularly in the fast food, restaurant, and cafe sector, must ensure they are complying with workplace laws and fulfilling employee entitlements. Failing to respond to Compliance Notices can result in significant penalties and court action. The Fair Work Ombudsman prioritises protecting young workers and enforcing compliance in these industries.
What it means for employees
Employees who believe they have been underpaid or are not receiving correct penalty rates should contact the Fair Work Ombudsman for free advice and assistance. Resources and information are available on the Fair Work Ombudsman’s website and through the Infoline.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/june-2025/20250620-hay-and-miller-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 →