The Fair Work Ombudsman has secured a total of $54,432 in penalties in court against the operators of a restaurant at Mandurah, south of Perth.
The Federal Circuit and Family Court has imposed $45,360 in penalties against Dingwall Hilder Nominees Pty Ltd, which operated a restaurant trading as Quarterdeck Dining, and $9,072 against one of the company’s directors and manager Michelle Dawn Hilder for her involvement in the contraventions.
The penalties were imposed after the company breached the Fair Work Act by failing to comply with Compliance Notices requiring it to calculate and back-pay entitlements to six former employees.
The Court has also ordered Dingwall Hilder Nominees Pty Ltd to take the action required by the Compliance Notices, which includes calculating and back-paying the entitlements, plus superannuation and interest.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
In imposing the penalties, Judge Christopher Kendall said, “In this matter, there was a failure to comply with two Compliance Notices. That failure cannot be seen as anything but serious and must carry consequences.”
“Otherwise, the refusal and failure to comply risks being seen by employers as an “alternative” to compliance with their statutory obligations and the obligations they (and all who stand in their shoes) have to their (often vulnerable) employees,” Judge Kendall said.
In March 2021, Ms Hilder registered a new restaurant business after the breaches of the Compliance Notices occurred.
Judge Kendall said, “The fact that she seems to have put her own business interests ahead of the interests of her previous employees (to whom payments remain outstanding) requires a sufficient penalty to ensure that similar actions do not occur again.”
The Fair Work Ombudsman began an investigation after receiving requests for assistance from employees who had worked at Quarterdeck Dining, which is no longer trading.
A Fair Work Inspector issued Compliance Notices to the company in January and June 2020 after forming a belief that it had underpaid three cooks and three food and beverage attendants their entitlements under the Fair Work Act 2009 and the Restaurant Industry Award 2010.
The inspector believed the employees had been underpaid entitlements including minimum wage rates, casual loadings, overtime rates, weekend penalty rates, annual leave entitlements and public holiday pay for periods of work between June 2017 and December 2019.
