Highlights
- The Fair Work Ombudsman has secured a total of $5,328 in penalties against Blue Mist Café in Bankstown
- A Compliance Notice was issued requiring the business owner to back-pay the international student
- The café owner failed to comply, resulting in court-imposed penalties
The penalties are a result of the Fair Work Ombudsman’s legal action after café owner Diaa Mohamed failed to comply with the Compliance Notice requiring them to back-pay the international student.
Fair Work Ombudsman Sandra Parker said failure to comply with FWO notices can hold individual businessowners accountable and they can face court-imposed penalties.
“When Compliance Notices are not followed, we are prepared to take legal action,” Ms Parker said.
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and café sector continues to be a priority for the FWO.
Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
An investigation by the Fair Work inspectors had been carried out after the Filipino student lodged a request for assistance.
A Compliance Notice was issued to Blue Mist Café in November 2020, as it was found that worker was owed seven days of work and penalty rates for weekend work under the Restaurant Industry Award.
The cafe was placed into liquidation last year, preventing the Fair Work Ombudsman from securing a penalty against the company. The worker remains unpaid.
Judge Nicholas Manousaridis continued to push for penalties to be imposed to deter Mr Mohamed and other businesses from failing to comply with Compliance Notices.
