Cafe owner facing Fair Work fine

A GOLD Coast cafe could potentially face fines up to $33,300 for allegedly failing to respond to requests from the Fair Work Inspector about a worker’s pay.

Bean Away Pty Ltd, the operators of Zarraffa’s Coffee Pacific Pines, and its director Gregory Michael Matthew are facing legal action from the Fair Work Ombudsman, it was revealed on Friday.

A former store manager went to the ombudsman for help after their employment with the coffee shop and fast food place was terminated in March last year, it is alleged.

The manager had been employed variously on a casual part-time and then full-time basis between February 2019 and March last year.

It is alleged the employee was not paid their full payment in lieu of notice when their employment was terminated.

The Fair Work Inspector issued a compliance notice to Bean Away in September 2021.

The notice required Bean Away to calculate the manager’s outstanding pay in lieu of notice.

Bean Away did not comply with that notice, it is alleged by the Fair Work Ombudsman.

It is further alleged Mr Matthew was involved in the failure.

Bean Away made payment to the worker after the Fair Work Ombudsman started legal action.

Bean Away faces a penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice by the due date while Mr Matthew faces a penalty of up to $6,600.

The matter will be before the Federal Circuit and Family Court in Brisbane on July 11.

Fair Work Ombudsman Sandra Parker said workplace laws would continue to be enforced.

“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,” she said.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”