The Fair Work Ombudsman has penalised King’s Fusion Pty Ltd which operated Yagoona’s Bayt Al Tanoor before its closure.
In court, King’s Fusion Pty Ltd was penalised $58,275 by the Fair Work Ombudsman in response to not issuing pay slips and also not complying with a compliance notice which was issued in April 2022.
Fair Work investigated King’s Fusion Pty Ltd after receiving requests from the affected worker who was employed at the venue in a casual role from March to June 2021.
During the investigation, the Fair Work inspector formed the belief that the worker was underpaid casual minimum wages, overtime entitlements, and weekend penalty rates owed under the Restaurant Industry Award 2020.
King’s Fusion Pty Ltd was then issued a Compliance Notice requiring them to calculate and back-pay the worker with full entitlements, superannuation, and interest.
In court, Judge Brana Obradovic found the worker was underpaid approximately $5,200 across the short employment period.
Judge Obradovic also found the company not issuing pay slips “denied the employee the opportunity to monitor her wages and ensure that they were paid correctly.”
Judge Obradovic said King’s Fusion Pty Ltd’s failure to back-pay the worker was a “serious and deliberate disregard” for its obligations under the Fair Work Act and there was need to deter the company and other employers from doing anything similar.
