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Restaurant Operators In Court Over Underpayments

Restaurant operators in court over underpayments

The operators of a Perth restaurant are facing court after allegedly underpaying employee entitlements.

The Fair Work Ombudsman also accuses the employer of ignoring two Compliance Notices requiring them to back-pay the workers.

Restaurant operators in court over underpayments

Facing the Federal Circuit Court are Dingwall Hilder Nominees Pty Ltd, which operates the Quarterdeck Dining restaurant at Mandurah, south of Perth.

Also facing court is a company director and manager Michelle Hilder.

Fair Work commenced an investigation following complaints from staff who had worked at Quarterdeck Dining.

An inspector subsequently believed Hilder failed to pay six workers properly between June 2017 and December 2019.

For example, it’s alleged that she failed to pay: 

  • lawful minimum wage rates;
  • casual loadings;
  • overtime rates;
  • weekend penalty rates; annual leave entitlements; and also
  • public holiday pay.

The affected workers include three cooks in addition to three waiters.

Compliance Notices

The inspector consequently issued Hilder a Compliance Notice in January, and another in June, requiring her to calculate and back-pay the workers what they are owed.

However, Fair Work alleges that she, without reasonable excuse, failed to comply with the Compliance Notices.

Penalties

The regulator is seeking penalties against Dingwall Hilder Nominees and Hilder.

Fair Work is also seeking orders for them to rectify the underpayments in full, plus superannuation and interest.

Dingwall Hilder Nominees is facing maximum penalties of $33,300 per contravention.

Hilder is facing maximum penalties of $6,600 per contravention.


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“RESTAURANT PENALISED $22,050 FOR IGNORING COMPLIANCE NOTICE”

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Fair Work continues to enforce workplace laws

Fair Work Ombudsman Sandra Parker said the regulator will continue to enforce workplace laws, despite the on-going COVID-19 pandemic.

“Where employers do not comply with our requests, we will take appropriate action to protect employees.

“A court can order the business to pay penalties in addition to back-paying workers.”

The Federal Circuit Court in Perth has a directions hearing listed on 3 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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