Café operator to face court over alleged underpayments

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The operator of a cafe in Mortlake, Victoria is set to face the Federal Circuit Court for alleged underpayments committed against an employee.

According to the Fair Work Ombudsman, which initiated the action, Peter Thulborn, operator of the Mortlake Deli Fresh Café, failed to pay an employee correctly for her work between July and November 2019.

The Fair Work inspector who investigated the allegation determined that the employee had been underpaid by Thulborn her minimum wages, annual leave entitlements and penalty rates for public holiday, early morning and weekend work under the Fast Food Industry Award 2010. Thulborn also allegedly breached workplace laws by issuing payslips to the employee that did not contain the required content.

The inspector issued a Compliance Notice to Thulborn in March this year that required him to calculate and back-pay the worker’s entitlements but the FWO alleged that Thulborn, without reasonable excuse, failed to comply with the notice.

“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,” Fair Work Ombudsman Sandra 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.”

The FWO is seeking penalties of a maximum of $6300 for the alleged Compliance Notice breach and a maximum of $12,600 for the alleged payslip breach against Thulborn, as well as a court order to comply with the notice, including rectifying any underpayments, plus superannuation and interest.

A directions hearing has been listed in the Federal Circuit Court in Melbourne on 11 November 2020.