Sole trader Shannon Duncan who operated Paddock to Platter in Wollongong is facing the Fair Work Ombudsman in court.
Fair Work investigated Mr Duncan after receiving a request for assistance from a casual worker at the venue who was employed from May to December 2021.
The investigation resulted in a Fair Work Inspector issuing a compliance notice to Mr Duncan in April 2022 after forming a belief that the worker had been underpaid minimum wages, and weekend penalty rates, under the Restaurant Industry Award 2020.
A compliance notice was issued, but the Fair Work Ombudsman alleges Mr Duncan, without reasonable excuse, has failed to comply.
The compliance notice requested Mr Duncan to calculate and back-pay entitlements to the effected workers.
Mr Duncan is now facing a court order and penalty from the Fair Work Ombudsman and faces charges of up to $6,660.
Acting Fair Work Ombudsman Kristen Hannah warns the regulator will continue to enforce workplace laws and take businesses to court that don’t comply.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers,” says Ms Hannah.
The next hearing date in the Federal Circuit and Family Court in Sydney is on 12 September 2023.