Firing ends in huge fine
THE former operator of a Deeragun cafe will have to pay a record penalty after years of legal wrangling over an unfair dismissal.
Theo Sourlos, who owned Three Beans and Chef, was ordered in 2016 to pay $ 6200 to sacked manager Natasha Baker after she took her case to the Fair Work Commission.
Ms Baker told the commission at the time she had been fired by text message in 2015 without being told the reasons why she was losing her job, while Mr Sourlos made claims relating to hygiene issues, till errors and cancellations and attitudes among the staff.
The then senior deputy president of the commission, Peter Richards, ruled in Ms Baker’s favour.
Mr Sourlos has now been slapped with a record penalty of $ 54,000 after he failed to pay. The amount is the largest ever penalty for a Fair Work Ombudsman legal action against an employer for failing to comply with an order to pay unfair dismissal compensation, overtaking almost $ 50,000 in penalties against Melbourne company World Gym Sunshine and its director Wayne George Mailing in 2014.
Mr Sourlos has been penalised $ 9000 and his company Port Douglas Investments has been penalised a further $ 45,000, in the Federal Circuit Court.
Fair Work Ombudsman Natalie James said the penalties imposed sent a message that serious consequences applied for failing to comply with Fair Work Commission orders.
“Refusing to comply with a Fair Work Commission order to pay unfair dismissal compensation is completely unacceptable,” she said.
The legal action comes after Ms Baker contacted the Fair Work Ombudsman for help after her compensation was not paid.
Fair Work Ombudsman inspectors repeatedly asked Mr Sourlos to comply with the order but he refused, saying Ms Baker would “get nothing out of me”.
He only paid the unfair dismissal compensation after the Fair Work Ombudsman commenced legal action last year.
Ms James said her agency was prepared to use every tool at its disposal to ensure legal orders are complied with and justice is served.
“People who are the subject of orders by the Fair Work Commission, or a court as result of action taken under workplace laws, must appreciate the seriousness of those orders,” she said.
“The integrity of the system demands that action be taken to ensure these orders are complied with, and the Fair Work Ombudsman prioritises this activity.”