Owners of The Valley Pizza in Nuriootpa allegedly underpaid worker
A pair of Nuriootpa pizza shop owners will face court over claims they underpaid a staff member for eight months.
Barossa, Clare & Gawler
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Two Barossa Valley pizza shop owners have been summonsed to appear in the Federal Circuit Court over allegations of underpaying an employee, despite an official warning.
Ziad Andary & Fida Ghamwari, operators of The Valley Pizza shop in Nuriootpa allegedly underpaid and failed to pay evening and weekend penalty rates between June 2019 and February 2020.
The Fair Work Ombudsman investigated the claim from the employee who worked as a casual fast food employee at the shop.
In May this year, a Fair Work Inspector issued a compliance notice to Mr Andary and Ms Ghamwari after establishing a belief the pair were underpaying the worker’s entitlements under the Fast Food Industry Award 2010.
The notice required the pair to calculate and repay the worker’s entitlements.
The Ombudsman alleged Mr Andary and Ms Ghamwari failed to comply with the compliance notice without reasonable excuse.
After making several attempts to secure voluntary compliance without response, the Ombudsman began legal proceedings.
Mr Andary and Ms Ghamwari face fines of up to $6600 each.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and pursue necessary compliance.
“Under the Fair Work Act, compliance notices are important tools used by inspectors if they form a belief that an employer has breached workplace laws,” she said.
“Where employers do not comply with our requests, we will take appropriate action to protect employees. A court can order the business to pay penalties in addition to back-paying workers.”
The Ombudsman said the company was still required to comply with the compliance notice, which included rectifying any underpayments in full, plus superannuation and interest.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
A directions hearing is listed in the Federal Circuit Court in Adelaide on next month.
