The operator of Cafe 3564 in Echuca, Victoria, is facing the Fair Work Ombudsman in the Federal Circuit Court for underpaying an employee.

The worker, who was a visa holder at the time, was a cook at the cafe from July 2017 to September 2019 and requested assistance from Fair Work.

Inspectors issued a compliance notice to Hospitality 3564 Pty Ltd in October 2020 after finding the employee had not been paid all entitlements owed, resulting in an underpayment of $45,731.29.

The notice required the company to rectify the underpayment in full, however Hospitality 3564 and the company’s sole director David Bowman have not provided a reasonable excuse as to why the employee has yet to be back-paid.

The company is facing a maximum penalty of $33,300, with Bowman’s fines potentially reaching as much as $6,600.

The Fair Work Ombudsman is seeking a court order for the company to take the action required by the compliance notice plus superannuation and interest.

A directions hearing will be held on 21 October 2021.

Image credit: TripAdvisor