The Fair Work Ombudsman is continuing its blitz on employers who don’t comply with Compliance Notices.
The regulator has commenced legal action against a hotel operator who allegedly failed to comply with a Compliance Notice.
Fair Work has launched litigations against a number of recalcitrant employers in the past few weeks.
Fair Work Ombudsman continues litigation blitz
Yorktor Pty Ltd, the former operator of the Farmers Arms Hotel Newry in Victoria , and company director, Gary Williams are facing court.
Fair Work alleges the company failed to comply with a Compliance Notice as a result of failing to back-pay underpayments.
The employee worked as a casual bar attendant and kitchen hand at the hotel between 2015 and 2018.
“MELBOURNE ROOFTOP BAR OPERATORS IN COURT FOR UNDERPAYING WORKER”
Complaint sparked investigation
Inspectors commenced an investigation into the Hotel Newry last year as a result of receiving several complaints from the worker.
Consequently, they believed the company failed to pay proper minimum wages and penalty rates for weekend, public holiday and evening work.
Blitz is ‘a good sign’
Industrial advocate Miles Heffernan from WAGETHEFT.net.au described the legal blitz as “a good sign”.
“This litigation blitz shows Fair Work is getting tough on dodgy bosses,” he said.
“For too long, employers have been allowed to get away with ripping off their workers, so it’s good to see some of them held to account.”
FIND OUT WITH A WAGE THEFT CHECK.
Hotel operator facing penalties
As a result of the alleged underpayments, Fair Work is seeking penalties against the company and Williams.
Consequently, the company faces a maximum penalty of $31,500, and Mr Williams faces a maximum penalty of $6,300.
Furthermore, the regulator is also seeking an order requiring the company to back-pay any underpayments in full, in addition to superannuation and interest.
Therefore, the Federal Circuit Court in Melbourne has a directions hearing listed for 24 February 2020.
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