Burger Joint Failed to Pay Employees

Sep 21st, 2021

The former operator of a takeaway burger joint is the recipient of legal action by the Fair Work Ombudsman (FWO).

FWO were prompted by requests for help from six of their workers, who were employed for various periods between Mach 2020 and August 2020.

After an investigation, a Fair Work Inspector issued the former operator with Compliance Notices after deciding that the six workers had not received the minimum pay entitlements that were afforded to them by the Fast Food Industry Award 2010 and the Fair Work Act 2009.

Four of the workers were underpaid some of their minimum entitlements, such as minimum rates for ordinary hours, casual rates, and weekend and public holiday penalty rates, while the remaining two workers were not even paid at all for their services. Three of these workers were 18 or under.  

The FWO is seeking legal action in order to force the operator to comply with the Compliance Notices, as such rectifying the underpayment concerns and also paying any additional interest and superannuation. Furthermore, they are also seeking the penalty of up to $6, 660 for each individual failure to comply with a Compliance Notice.
Cases such as these highlight the avenue of recourse the FWO presents to workers in need of assistance, and that if any workers have any concerns that they are not receiving their minimum pay entitlements, the FWO is available. Moreover, it highlights the repercussions that businesses can face if they do not do their due diligence and meet the minimum pay standards for their employees.

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