Operators of a former Pakenham burger outlet are facing court as the Fair Work Ombudsman commences legal action.
Facing court is Benny842 Pty Ltd, which operated a restaurant trading as Burger Boss in Pakenham until it ceased trading in 2020, as well as former company director Shane Dharmatilake.
The regulator investigated after receiving a request for assistance from a young worker who had been employed as a full-time food and beverage attendant at the restaurant between June and October 2020, when he was 20 years old.
A Fair Work Inspector issued a Compliance Notice to Benny842 Pty Ltd in December 2020 after forming a belief the worker had not been paid all entitlements owed under the Restaurant Industry Award 2020 and the Fair Work Act.
It is alleged the worker was underpaid the minimum wage rate, overtime rates, penalty rates for weekend and public holiday work, and accrued but untaken annual leave entitlements when his employment ended.
The Fair Work Ombudsman alleges Benny842 Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
It is alleged Mr Dharmatilake was involved in the contravention.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.“
The Fair Work Ombudsman has sought penalties.
Benny842 Pty Ltd will face a penalty of up to $33,300 and Mr Dharmatilake will face a penalty of up to $6660 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for Benny842 Pty Ltd to comply with the Compliance Notice, which includes rectifying the alleged underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on Monday 25 July, 2022.
