The former operators of Sails Waterfront Bar & Grill in Sandringham, Sydney, will face court on 24 July 2020.
The restaurant, which shuttered in late 2019, was investigated by Fair Work Inspectors after a food and beverage attendant reached out for assistance.
The employee, a visa holder from Bangladesh, was terminated when the restaurant closed. It’s alleged the company failed to pay out his remaining accrued annual leave, which he was owed under the Restaurant Industry Award 2010.
The operators were issued with a Compliance Notice, which required it to calculate and back-pay the outstanding annual leave entitlements owing to the employee, and the superannuation and annual leave loading in respect of those amounts. The company’s sole director, Robert Sunna, was allegedly involved in the failure to comply.
Sails Waterfront Bar & Grill faces a penalty of up to $31,500, while Sunna faces a penalty of up to $6,300. The Fair Work Ombudsman will also seek a Court Order requiring Sails Waterfront Bar & Grill to comply with the Compliance Notice.
“Under the Fair Work Act, Compliance Notices are important tools used by inspectors if they form a belief that an employer has breached workplace laws,” said Fair Work Ombudsman Sandra Parker.
“Where employers do not comply with a Compliance Notice, we will take appropriate action to protect employees. A court can then order them to pay penalties in addition to back-paying workers. Any employees with concerns about their pay should contact us for assistance.”
The regulator is continuing to enforce workplace laws during COVID-19, including taking businesses who don’t comply with lawful requests to court.