The Fair Work Ombudsman (FWO) has commenced legal action against the former operators of a bistro restaurant business on NSW’s Central Coast.
Facing court are Tolu Investors Pty Ltd, which operated Spinnakers Brasserie at Point Frederick in Gosford until last year, and director Grant Christopher Goldsmith.
The regulator began an investigation after receiving a request for assistance from a former worker who had been engaged as a full-time cook. The worker, originally from Pakistan, speaks Urdu as a first language.
A Fair Work Inspector issued a compliance notice to Tolu Investors in November 2021, after forming a belief that the worker had been underpaid entitlements owed under the Restaurant Industry Award 2010, the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The inspector formed a belief the employee, working between March 2018 and June 2021, had been underpaid minimum wages and was also not paid for 20 hours of personal leave when unfit for work because of an injury.
The FWO alleges Tolu Investors, without reasonable excuse, failed to comply with the compliance notice, which required it to calculate and back-pay the employee’s entitlements.
It is alleged Mr Goldsmith, who was the business’ executive chef at the time, was involved in the contravention.