The Fair Work Ombudsman has commenced legal action against the former operators of a restaurant in Perth.
Facing court are The Emperor’s Court Pty Ltd, which operated ‘The Emperor’s Court’ in Wembley, and the company’s sole director Gia Gian Wong.
The regulator began an investigation after receiving a request for assistance from a worker who had been employed as a full-time cook at the restaurant in June-September 2020.
A Fair Work Inspector issued a Compliance Notice to The Emperor’s Court in July 2021 after forming a belief that the worker had not been paid all entitlements owed under the Restaurant Industry Award 2020 and the ³Ô¹ÏÍøÕ¾ Employment Standards.
It is alleged the worker was underpaid the full-time minimum wage, overtime rates, weekend penalty rates, personal and carer’s leave entitlements and was not paid accrued but untaken annual leave entitlements at the end of her employment.
The Fair Work Ombudsman alleges The Emperor’s Court, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Mr Wong was involved in the contravention.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
The Fair Work Ombudsman is seeking penalties for the alleged failure to comply with the Compliance Notice. The Emperor’s Court Pty Ltd faces a penalty of up to $33,300 and Mr Wong faces a penalty of up to $6,660.
The FWO is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying the alleged underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Perth on 12 May 2022.
