The operators of a caf and delicatessen located in South-West Western Australia have allegedly underpaid some of their employees over $20,000.

The Fair Work Ombudsman commenced proceedings against Mark and Gemma Gumley, operators of the Dalycious Delicatessen in Dalyellup and the Hidden Gem caf at Bunbury following complaints from employees.

It is alleged that eight employees at the two cafes were allegedly underpaid a total of $20,036 between June, 2013 and September, 2014. Three of which were allegedly underpaid over $4,000 each.

Fair work states that employees were underpaid minimum hourly rates and annual leave entitlements, as well as penalty rates for weekend, public holiday and overtime work. According to documents lodged with the Court, several employees were not paid at all for some work performed.

According to Fair Work, a notice served on the employer to produce records was allegedly not complied with. Pay slip and frequency-of-pay obligations were also allegedly contravened.

Although the Agency states that it made efforts to resolve the matter outside of court, Fair Work Ombudsman Natalie James said that inspectors could not get sufficient co-operation from the Gumleys.

James also added that the Gumleys had previously been put “on notice” of the need to comply with workplace laws after complaints had been received from other staff about alleged underpaid wages. The previous matters resulted in employees being back-paid more than $4000.

The Gumleys each face maximum penalties of up to $10,200 per contravention. The Fair Work Ombudsman is also seeking Court Orders for the company to rectify the alleged underpayments, which remain outstanding.

A four-day liability hearing is listed in the Federal Circuit Court in Perth from December 12, 2016.


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