Legal action over pay
A TOWNSVILLE takeaway store is facing legal action for allegedly not paying and underpaying multiple staff over a number of months.
The Fair Work Ombudsman has commenced legal action against Vanessa Joan Housego, the former operator of Riverway Burgers, which is now closed.
The regulator began an investigation after receiving requests for assistance from six workers employed at Riverway Burgers for various periods between March-august 2020.
A Fair Work inspector issued compliance notices to Ms Housego between July 2020 and February 2021 after forming a belief the six workers had not been paid entitlements owed under the Fast Food Industry Award 2010 and Fair Work Act 2009.
It is alleged that two workers were not paid at all for work performed and that the other four workers were variously underpaid entitlements including minimum rates for ordinary hours, casual rates, weekend and public holiday penalty rates.
Three of the workers were
aged 18 or under when they were employed at the outlet, including one aged 15.
It’s alleged Ms Housego, without reasonable excuse, failed to comply with the compliance notices, which required her to calculate and back-pay the workers’ outstanding entitlements.
Fair Work Ombudsman Sandra Parker said the regu
lator would continue to enforce workplace laws in a proportionate manner during the Covid-19 pandemic 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,” Ms Parker said.
“A court can order a busi
ness 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.”
The FWO is seeking penalties against Ms Housego. Ms Housego faces a maximum penalty of up to $6660 for each alleged compliance
notice contravention. The regulator is also seeking an order for Ms Housego to comply with the compliance notices, which includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing has been listed in the Federal Circuit and Family Court in Brisbane.