The owner of the now-defunct Bar.B.Q Tonight NT will see the Fair Work Ombudsman (FWO) in court after failing to back-pay a migrant worker over $15,833.

FWO alleges FMS Holdings and the company’s sole director Rana Ali Hassan breached the Fair Work Act after they did not adhere to a compliance notice.

The FWO issued the notice to FMS in June seeking payment in relation to the employee’s minimum wage, late night, weekend and public holiday penalty rates, split shift allowances, annual leave and annual leave loading on termination and minimum notice of termination or payment in lieu of notice under the Restaurant Industry Award 2010 and the Fair Work Act 2009.

While initially agreeing to a repayment plan, only $1250 has been repaid to the employee, who had a 457 visa at the time.

Hassan is now facing penalties up to $6300 and FMS is facing penalties up to $31,500. In addition, the FWO is seeking a court order requiring the underpayments in full plus interest.

A directions hearing has been listed in the Federal Circuit Court in Darwin for 19 February 2020.




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