The Fair Work Ombudsman is taking action against the former operator of the Farmers Arms Hotel Newry in Victoria for underpaying a kitchen hand.

Gary Williams and his company Yorktor Pty Ltd will face court later this month over allegations he failed to back-pay an employee after receiving a compliance notice from the Fair Work Ombudsman.

Fair Work inspectors found the casual bar attendant/kitchen hand was underpaid minimum wages and penalty rates after the employee requested assistance in 2019.

Yorktor Pty Ltd was issued with a compliance notice requiring the business to calculate and rectify the underpayments and provide evidence the conditions had been met.

However, the employee has yet to receive any funds which means Yorktor Pty Ltd is facing a maximum penalty of $$31,500 and Williams a fine of $6,300.

Along with the penalties, the Fair Work Ombudsman is seeking a court order requiring the company and Williams take the action listed in the compliance notice and rectify underpayments in full plus superannuation and interest.

“Where employers do not comply with our notices, a Court can order them to pay penalties in addition to back-paying any affected employees,” says Fair Work Ombudsman, Sandra Parker.

“The Fair Work Ombudsman will continue to use all its enforcement tools to ensure employers meet their lawful obligations.”

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