The former operator of the now-closed Soma Kitchen Pty Ltd in Fremantle is facing court after underpaying a worker entitled leave.

It’s the second time Giancarlo Daniele will meet the Fair Work Ombudsman in court after being penalised last year for paying a worker $200 for 146 hours of work.

A Fair Work inspector issued a compliance in March this year after discovering a full-time front-of-house manager had not been paid accrued leave upon termination of their employment.

As a result, the Fair Work Ombudsman has pursued legal action against Daniele, who is believed to have been involved in the contravention and failed to have complied with the aforementioned notice.

Daniele faces a maximum penalty of $6,600, with Soma Kitchen looking at a maximum fine of $33,300.

The Ombudsman is also seeking a court order against Soma Kitchen for compensation for the worker covering underpayments, superannuation and interest.

A directions hearing will commence in the Federal Circuit Court in Perth on 9 September 2021.

Image Credit: Freo’s View