The Fair Work Ombudsman has commenced legal action against the former operators of a Perth-based Thai restaurant.
Facing court are Corinthian Capital Pty Ltd, which formerly operated a restaurant trading as Galangal Award Winning Thai Cuisine in Mount Hawthorn, and company director Richard James Trainer. The restaurant stopped trading in September 2020.
The regulator began an investigation after receiving requests for assistance from workers employed at the restaurant for various periods between February and July, 2020.
A Fair Work Inspector issued Compliance Notices to Corinthian Capital in December 2020 after forming a belief 11 workers had not been paid entitlements owed under the Restaurant Award 2010, Restaurant Award 2020 and the National Employment Standards.
Six of the workers were visa holders, including three on working holiday visas and three international students.
Ten of the workers were employed on a casual basis and one on a full-time basis. It is alleged five of the casual workers were not paid at all for work performed and the other six workers were variously underpaid entitlements including minimum rates for ordinary hours, casual rates, weekend and public holiday penalty rates.
It’s alleged the full-time employee was also not paid accrued but untaken annual leave on termination.
The FWO alleges Corinthian Capital, without reasonable excuse, failed to comply with the Compliance Notices, which required the calculation and back-payment of the workers’ outstanding entitlements. It’s alleged Mr Trainer was involved in the contraventions.
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 FWO is seeking penalties against Corinthian Capital Pty Ltd and Mr Trainer for allegedly failing to comply with the Compliance Notices. The maximum penalty for a company for failing to comply with a Compliance Notice is $33,300 and the maximum penalty for an individual for failing to comply with a Compliance Notice is $6,600.
The regulator is also seeking a court order for the company to comply with the Compliance Notices, which includes rectifying any underpayments in full, plus interest and superannuation. The next court appearance for the matter is in the Federal Circuit and Family Court in Perth on 25 November 2021.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.
