The Fair Work Ombudsman has commenced legal action against the operators of a coffee and fast food company in the Gold Coast.
Facing court are Bean Away Pty Ltd, which operates the takeaway coffee shop and eatery Zarraffa’s Coffee Pacific Pines, and its sole director Gregory Michael Matthew.
The regulator began an investigation after receiving a request for assistance from a former store manager who had been employed by Bean Away variously on a casual, part-time then full-time basis between February 2019 and March 2021.
A Fair Work Inspector issued a Compliance Notice to Bean Away in September 2021 after forming a belief that the worker had not been paid their full payment in lieu of notice when their employment was terminated, as required under the Fair Work Act’s ³Ô¹ÏÍøÕ¾ Employment Standards.
The Fair Work Ombudsman alleges Bean Away, without reasonable excuse, failed to comply with the Compliance Notice by the due date. The Compliance Notice required the company to calculate and pay the worker’s outstanding payment in lieu of notice. It is alleged Mr Matthew was involved in the failure.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
Bean Away faces a penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice by the due date while Mr Matthew faces a penalty of up to $6,600.
Bean Away made payment to the worker after the Fair Work Ombudsman commenced legal action.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 11 July 2022.
