The Fair Work ombudsman has taken legal action against the former operators of a Perth-based Thai restaurant.
Opposite the court are Corinthian Capital Pty Ltd, which previously operated a restaurant under the name Galangal Award Winning Thai Cuisine in Mount Hawthorn, and company director Richard James Trainer. The restaurant ceased operations in September 2020.
The regulator has opened an investigation after receiving requests for help from workers employed at the restaurant during various periods between February and July 2020.
A fair labor inspector issued notices of compliance to Corinthian Capital in December 2020 after realizing that 11 workers had not received the duties owed under the Restaurant Award 2010, Restaurant Award 2020 and national standards of ‘use.
Six of the workers were visa holders, three of them on working holiday visas and three international students.
Ten of the workers were employed on a casual basis and one full time. It is alleged that five of the casual workers were not paid at all for the work performed and that the other six workers were variously underpaid, including minimum rates for regular hours, casual rates, penalty rates for weekends and holidays.
It is alleged that the full-time employee was also not paid in annual leave accrued but not taken upon termination.
The FWO alleges that Corinthian Capital, without reasonable excuse, failed to comply with the notices of compliance, which required the calculation and reimbursement of overdue workers’ rights. It is alleged that Mr. Trainer was involved in the tickets.
Fair Work Ombudsman Sandra Parker said the regulator will continue to enforce workplace laws and take companies to court when legal demands are not met.
âWhen employers fail to comply, we will take appropriate action to protect employees. A court can order a company to pay penalties in addition to workers’ overdue payments. “
âAll employees with concerns about their wages or their rights should contact the Fair Labor Ombudsman for free assistance,â Ms. Parker said.
The FWO is seeking sanctions against Corinthian Capital Pty Ltd and Mr. Trainer for allegedly failing to comply with notices of compliance. The maximum penalty for a business failing to comply with a notice of compliance is $ 33,300 and the maximum penalty for anyone failing to comply with a notice of compliance is $ 6,600.
The regulator is also seeking a court order for the company to comply with the notices of compliance, which includes the full rectification of any underpayment, plus interest and superannuation. The next court appearance for the case will be at the Federal Circuit and Family Court in Perth on November 25, 2021.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance on their rights and obligations in the workplace. Interpretation service is available at 13 14 50. Small businesses can find targeted resources at Small business showcase.