Kebab shops operator penalised
The Fair Work Ombudsman has secured a $7,512 penalty in court against the former sole director of a company that operated kebab shops in Queensland, for a breach that impacted a young worker.
The Federal Circuit and Family Court has imposed the penalty against Ilhan Harman, who was involved in operating ‘Hero Kebab and Café’ outlets in various locations in central Queensland.
The outlets were operated by Harmans Food Group Pty Ltd, of whom Mr Harman was the sole director. The company is now in liquidation.
The penalty was imposed in response to Mr Harman’s involvement in the company’s failure to comply with a Compliance Notice, which required the calculation and back-payment of a young worker’s entitlements.
Harmans Food Group employed the young worker on a casual basis as a fast food worker across two Hero Kebab and Café outlets in the Rockhampton CBD in March-September 2022, when she was aged 22 to 23.
Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties.
“When Compliance Notices are not followed, we will continue to take legal action,” Ms Booth said.
“Employers also need to be aware that taking action to protect young workers is among our top priorities.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Harmans Food Group in August 2023 after forming a belief the worker was owed entitlements under the Fast Food Industry Award 2010 and 2020.
The inspector formed a belief that the worker was underpaid minimum wages, casual loading, overtime and penalties for weekend work. The amount Harmans Food Group was required to pay under the Compliance Notice was $6,766, plus superannuation.
In his judgment, Judge Gregory Egan emphasised the importance of all employers complying with workplace relations laws.
“It is important that all businesses, big and small, comply with workplace relations legislation, and that people and corporate entities be deterred from breaching such legislation…” Judge Egan said.
“Those who are in the position of determining the actions of an employer’s business ought to particularly appreciate that they are required to comply with the provisions of workplace relations legislation.”
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace.
A free interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a member.
Information is available for employees and employers on our apprentices and trainees and young workers and students webpages.
The FWO has interactive tools to help employers and employees in the fast food, restaurants and cafés sector, and for any franchisees.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Employers can seek information from their employer association if they are a member, and also use the FWO’s pay calculator and Small Business Showcase.
