Former restaurant operator in court over unpaid leave benefits

The former operators of Sydney restaurant Sails Waterfront Bar & Grill is set to face court due to their failure to pay a former employee his unpaid leave entitlements.

The Fair Work Ombudsman launched proceedings against the restaurant and its sole director, Robert Sunna, after being contacted by a food and beverage attendant who worked at the restaurant for two years before the restaurant closed late last year.

A Fair Work inspector previously issued a Compliance Notice ordering the company to pay the employee, a visa holder from Bangladesh, his accrued but untaken annual leave owing under the Restaurant Industry Award 2010. However, it failed to do so, and did not pay the superannuation owed to the said employee.

“Where employers do not comply with a Compliance Notice, we will take appropriate action to protect employees,”Fair Work Ombudsman, Sandra Parker, said. “A court can then order them to pay penalties in addition to back-paying workers. Any employees with concerns about their pay should contact us for assistance.”

Sails Waterfront Bar & Grill faces a penalty of up to $31,500 while Sunna could be fined up to $6300. The Fair Work Ombudsman is also seeking a Court Order requiring the operator to comply with the Compliance Notice and pay the underpayments in full, plus superannuation and interest.

A directions hearing has been set for 24 July 2020.

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