Sydney café faces court

The Fair Work Ombudsman has commenced legal action against the operator of a café in Sydney.

Facing court is Jay & Chloe Pty Ltd, which operates ‘Café 2204’ in Marrickville.

The regulator began an investigation after receiving a request for assistance from a worker employed by Jay & Chloe as a food and beverage attendant between May 2019 and October 2020.

A Fair Work Inspector issued a Compliance Notice to Jay & Chloe in May 2021 after forming a belief that the worker had been underpaid minimum wages, casual loading and penalty rates under the Restaurant Industry Award 2010 and the Restaurant Industry Award 2020.

The FWO alleges Jay & Chloe, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.

FWO alleges that the company also contravened pay slip laws.

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 Jay & Chloe Pty Ltd.

The company faces a penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice and a penalty of up to $66,600 for the alleged pay slip contravention.

The regulator is also seeking an order for Jay & Chloe Pty Ltd to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus interest and superannuation.

A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 18 February 2022.

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