The operator of a now defunct Italian restaurant in Greenway accused of underpaying two chefs will appear in the Federal Circuit Court next week, where it faces more than $30,000 in fines.
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The Fair Work Ombudsman alleges GK Food Bars & Restaurants Pty Ltd, which operated La Pasteria at Greenway, and the company's director, George Varvaritis, did not comply with a notice requiring the restaurant to back pay two chefs.
A Fair Work Inspector issued a compliance notice to the company in January 2020 after finding the company had failed to correctly pay a casual cook and full-time head chef, the ombudsman said in a statement.
The casual cook worked from May to July 2019, and was allegedly underpaid casual minimum rates and superannuation entitlements.
The head chef, who worked from April to August 2019, was allegedly underpaid the national minimum wage in his last two weeks of work, and not paid accrued annual leave entitlements when he left the restaurant.
The ombudsman made several attempts to secure voluntary compliance before taking the business to court, the ombudsman said in a statement.
The investigation was prompted by the two former employees requesting assistance.
The ombudsman will seek penalties against the company and Mr Varvaritis, who the ombudsman will allege was involved in the company's refusal to comply with the compliance order.
The company faces a maximum penalty of $31,500, while Mr Varvaritis faces a maximum penalty of $6300.
The ombudsman will also seek a court order to force the company to comply with the notice and back pay the two former employees, including superannuation and interest.
A directions hearing has been listed in the Federal Circuit Court on Wednesday.
Fair Work Ombudsman Sandra Parker said the regulator would continue taking businesses to court when they had not complied with lawful requests.
"Under the Fair Work Act, Compliance Notices are important tools used by inspectors if they form a belief that an employer has breached workplace laws," Ms Parker said.
"Where employers do not comply with our requests, we will take appropriate action to protect employees. A court can order the 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."
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Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
