The operators of a rooftop bar in Melbourne’s CBD will face the Fair Work Ombudsman in court for failing to back-pay an overseas employee.

C & H Entertainment, the operator of The Red Hummingbird bar, have not followed a compliance notice which required the company to calculate and back-pay a casual employee.

It’s alleged a British national on a 417 working holiday visa was underpaid casual loading, penalty rates for weekend, public holiday, late night and early morning hours.

A Fair Work Inspector also found the company breached record-keeping and pay slip laws, which company director Don Haris Kumarage and Channa Dissanayake are believed to be involved in.

C & H Entertainment faces a maximum penalty of $31,500, with Kumarage looking at a fine up to $6,300 for the compliance notice breach.

For record-keeping and pay slip breaches, the company faces maximum penalties of $63,000 per breach and Kumarage and Dissanayake up to $12,600 per breach.

A directions hearing has been listed in the Federal Circuit Court in Melbourne for 2 March 2020.

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