By Gaby Grammeno Contributor
The Fair Work Ombudsman (FWO) has taken legal action against an employer who allegedly operated ‘Hero Kebab and Café’ outlets across central Queensland. This follows a request for help from a young casual worker employed at the Rockhampton CBD outlets between March and September 2022.
The business in question, now in liquidation, was found to have underpaid the worker, failing to meet the required minimum wages, casual loading, overtime, and weekend penalties. Despite the company’s liquidation halting action against it, the employer is still being pursued for non-compliance with a Compliance Notice issued in August 2023.
This notice demanded the calculation and back-payment of $6,766 plus superannuation owed to the worker. The FWO remains steadfast in its mission to enforce workplace laws and hold businesses accountable. “When employers fail to comply, we act to protect employees. Courts can impose penalties and mandate payments to affected workers,” stated the FWO. Protecting young workers and ensuring compliance in the fast food, restaurant, and café sectors are top priorities.
The employer now faces a potential penalty of up to $8,250 for failing to comply with the Compliance Notice. A directions hearing is set for 16 October 2024 in the Federal Circuit and Family Court in Brisbane.
What This Means for Employers
This case is a stark reminder of the importance of staying compliant with workplace laws. Here’s what you need to know to avoid similar pitfalls:
Key Takeaways:
1. Heed Compliance Notices
These are serious legal documents indicating a breach of workplace laws. Ignoring them can lead to court action and hefty fines.
2. Pay What’s Due
Ensure all entitlements, including wages, casual loading, and penalties, are correctly calculated and paid on time.
3. Use Available Resources
The FWO offers free online courses, tools, and calculators to help you understand your obligations and maintain compliance.
Being proactive about compliance is not just about avoiding penalties; it’s about ensuring fair treatment for your employees.
