The Fair Work Ombudsman has commenced legal action against the former operator of a restaurant in Sydney's inner west.
Facing court are Zenobia Trading Pty Ltd and its sole director Jorge Ballas, who operated 'Zenobia Lebanese Cuisine' in North Strathfield.
The regulator investigated after receiving a request for assistance from a worker, on a student visa, who had been employed on a casual basis as a cook at the restaurant between February and November 2020.
A Fair Work Inspector issued a Compliance Notice to Zenobia Trading in June 2021 after forming a belief that the worker had not been paid all entitlements owed under the Restaurant Industry Award 2020.
The Inspector formed a belief that the worker was paid a flat hourly rate which resulted in the underpayment of his casual minimum wage rate and penalty rates for weekend and late-night work.
The Fair Work Ombudsman alleges Zenobia Trading, 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 Ballas was involved in the contravention.
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.
The Fair Work Ombudsman is seeking penalties for the alleged failure to comply with the Compliance Notice.
Zenobia Trading faces a penalty of up to $33,300 and Mr Ballas faces a penalty of up to $6,660.
The regulator is also seeking an order for Zenobia Trading 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 Sydney on 8 April 2022.
