The sole trader of Sydney Kimbapnara is facing court for underpaying a kitchen assistant.

The Fair Work Ombudsman has commenced legal action against Heun Ok Kurosawa who was issued with a compliance notice in February 2021.

Fair Work Inspectors found the worker, who was on a 417 working holiday visa, was paid low, flat rates over a three-month period, resulting in underpayment of their wage rate, casual loadings and weekend penalty rates.

Kurosawa failed to comply with the notice which required her to back-pay the worker, and now faces a penalty of up to $6,660.

“Where employers do not comply with our requests, we will take appropriate action to protect employees,” says Fair Work Ombudsman Sandra Parker.

“A court can order a business to pay penalties in addition to back-paying workers. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

The Fair Work Ombudsman is seeking a court order which requires Kurosawa to calculate and rectify underpayments in full plus superannuation and interest.

Image credit: Kora