The owner of the now closed Indian Garden Restaurant in North Perth, Kuldeep Jodha, has been fined $33,850 by the Industrial Magistrates Court for failing to comply with a court order to produce employment records.
An industrial inspector from the Department of Mines, Industry Regulation and Safety issued Mr Jodha with two notices to produce employment records in 2020 as part of a proactive compliance campaign in the restaurant and cafe sector.
Mr Jodha failed to produce the records to the inspector and the Department initiated legal proceedings against him. The Industrial Magistrates Court subsequently ordered Mr Jodha to produce the employment records by June 2021.
Mr Jodha failed to comply with the court order to produce the records, resulting in further proceedings against him.
Private Sector Labour Relations Director Cara Breuder said the fine reflected the seriousness of Mr Jodha's conduct.
"Employers are required by law to keep employment records and are required to produce them to an industrial inspector on request," Ms Breuder said.
"In this case Mr Jodha not only ignored an industrial inspector, he also ignored a court order.
"It beggars belief that Mr Jodha has failed to produce the records since 2020. He has now been fined over $33,000, illustrating the importance of employers taking their employment obligations seriously.
"Industrial inspectors will continue to conduct unannounced site visits in high risk industries such as hospitality to ensure workers are being paid correctly."
A previous proactive campaign in the cafe and restaurant sector by industrial inspectors found that four out of five businesses did not comply with state employment laws.
Information on employer obligations and the changes to state employment laws is available at www.dmirs.wa.gov.au/wa-employers or by calling Wageline on 1300 655 266.
