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Fair Work Takes Cafe Operator To Court For Alleged Underpayments

Fair Work takes cafe operator to court for alleged underpayments

The Fair Work Ombudsman is taking the operator of a Victorian café to court over alleged underpayments.

The café also allegedly failed to provide proper pay slips.

As a result, the employer is facing up to $20,000 in penalties.

Fair Work takes café operator to court

Facing the Federal Circuit Court is Peter Thulborn who operates the Mortlake Deli Fresh Café, in Mortlake.

Fair Work commenced an investigation following a complaint from a member of staff.

An inspector believed that Thulborn underpaid the worker between July 2018 and November 2019:

  • minimum wages;
  • annual leave entitlements; and
  • penalty rates for public holiday, early morning and weekend work.

Compliance Notice

As a result, the inspector issued Thulborn with a Compliance Notice in March requiring him to calculate and back-pay the worker.

Fair Work alleges that he, without reasonable excuse, failed to do so.

Additionally, the regulator accuses Thulborn of issuing pay slips to the employee that did list the required detail. 

Fair Work says it attempted to contact Thulborn and secure voluntary compliance before commencing legal action.





As a result of the alleged underpayments, Fair Work is seeking penalties against Thulborn.

It is also seeking a court order for Thulborn to rectify the underpayments, plus superannuation and interest.

He faces a maximum penalty of $6,300 for the alleged Compliance Notice breach in addition to a maximum penalty of $12,600 for the alleged pay slip breach.

The Federal Circuit Court in Melbourne has a directions hearing listed on 11 November 2020.

Please call our specialist team at Fair Work Claims today on

1300 324 748

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Fair Work Claims is part of the Supportah Network.

We are a private consultancy and advocacy firm with no affiliation to any government agency, commission or tribunal.

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