The Fair Work Ombudsman has secured fines totalling almost $10,000 against the former operators of a bistro in Gosford on the Central Coast.
Spinnakers Brasserie at Point Frederick in Gosford was operated by Tolu Investors Pty Ltd and its company director Grant Christopher Goldsmith until 2021.
However, it was found a Pakistani cook was underpaid for three years, from 2018 until June 2021, after Fair Work Inspectors investigated the matter after receiving a request for assistance from them.
Tolu Investors was issued with a compliance notice requiring it to calculate and back-pay the worker, however the staff member was only paid $34,000 in entitlements.
“When compliance notices are not followed, we are prepared to take legal action to ensure workers receive all their lawful entitlements,” said Acting Fair Work Ombudsman Mark Scully.
The Fair Work Ombudsman recently faced Goldsmith and Tolu Investors in court, where Judge Amanda Mansini found the worker “experienced personal hardship on account of his low earnings for work performed”.
“The failure to comply with a statutory notice issued by the FWO is serious and such conduct ultimately undermines the [Fair Work] Act’s enforcement framework and the safety net of entitlements it is designed to protect,” Judge Mansini said.
The Federal Circuit and Family Court imposed a $7,992 penalty against Tolu Investors and a $1,998 penalty against Goldsmith.