The court has imposed a $60,480 penalty against the company and its directors.
Highlights:
- The Federal circuit court has imposed penalties against the operators of Govinda’s Surfers Paradise restaurant.
- The operators of the restaurant on the Gold Coast have received a penalty of $60,480 in total.
- The Fair Work Ombudsman had issued a compliance notice the restaurant in 2019.
The company that operates the restaurant, Inverted Mountain Pty Ltd have received a $45,675 penalty while the directors a Zardi Manning and Christopher Kruize have been penalised $9,135 and $5,670 respectively.
The Fair Work Ombudsman had taken the restaurant operators to court for breaching record-keeping and pay slip laws and failing to comply with a Compliance Notice requiring the company to calculate and back-pay entitlements owing to 14 employees, including some young workers and visa holders.
Fair Work Ombudsman Sandra Parker said businesses that fail to act on Compliance Notices face court-imposed penalties in addition to having to back-pay any underpaid staff.
“We make every effort to secure voluntary compliance with Compliance Notices, but where they are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Employers also need to be aware that improving compliance in the fast food, restaurant and café sector continues to be a priority for the Fair Work Ombudsman. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The investigations into the Govinda’s Surfers Paradise restaurant had commenced in 2019 when a former employee, a French worker on a working holiday visa approached the Fair Work Ombudsman.
“The Compliance Notice was issued after a Fair Work Inspector formed a belief that Inverted Mountain, between January and May 2019, had paid employees unlawfully low, flat rates, resulting in underpayments of minimum wage rates for ordinary hours, casual loadings, and weekend and public holiday penalty rates under the Restaurant Industry Award 2010,” the Fair Work Ombudsman said in a statement.
We have approached the restaurant operators for a comment, and the response is awaited.
Employers and employees seeking assistance can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94. An interpreter service is available on 13 14 50.
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