A former Mackay Burrito Bar franchisee is facing court after the Fair Work Ombudsman (FWO) alleged it underpaid minimum wages and penalty rates.
The franchisee, Sayyes Investments, and its sole director Subrahmanyam Sukhavasi franchised the Burrito Bar outlet in the Mackay suburb of Rural View.
A young employee who worked with the company as a casual food and beverage attendant between December 2021 and September 2022 reported the alleged underpayments to the FWO. The worker was aged 16 to 17 at the time. FWO also alleged that the company breached pay slip laws and that Sukhavasi was involved in one of the breaches.
The FWO issued a compliance notice to Sayyes Investments in 2023 requesting a calculation and back-payment of $7,759 to the worker, but the FWO alleges the company failed to comply.
Now, the regulator is seeking penalties in court of up to $41,250 for failure to comply; $66,600 per alleged breach of payslip laws; and up to $13,320 from Sukhavasi for his involvement. It is also seeking an order for the company to pay the amount owed to the worker, plus interest.
Fair Work Ombudsman Anna Booth said the FWO would take appropriate action to protect employees when employers don’t comply. “A court can order a business to pay penalties and make payments to workers,” said Booth.
“Pay slips provide employees with the clarity they need about their pay. We expect every employer to follow laws requiring them to issue pay slips within one working day of each pay day and to ensure all pay slips have the right information, as required by the Fair Work Act.”
“Employers should also be aware that taking action to improve compliance in the fast food, restaurants and cafés sector and protecting young workers, who are often vulnerable, are priorities for the FWO.”
Employees with concerns about their pay can contact the FWO, or call the Fair Work Infoline on 13 13 94.
The Fair Work Commission recently announced a crackdown on record keeping, conducting a nationwide blitz earlier this year.
Laura Box
