Fair Work Ombudsman takes Harmans Food Group Pty Ltd sole director to court

The sole director of a Central Qld company now in liquidation is being taken to court after a worker made a complaint they were paid under minimum wages and were owed both overtime and super.

The Fair Work Ombudsman is seeking an $8,250 penalty in court against Harmans Food Group Pty Ltd sole director Ilhan Harman.

The sole director of a Central Queensland company now in liquidation will be taken to court after a worker made a complaint they were paid under minimum wages and were owed both overtime and super.

The Fair Work Ombudsman is seeking an $8,250 penalty in court against Harmans Food Group Pty Ltd’s Ilhan Harman, who allegedly operated Hero Kebab and Cafe at the time the incidents occurred.

The ombudsman will allege Mr Harman failed to follow a Compliance Notice issued after an ombudsman inspector investigated the claims.

The regulator investigated after receiving a request for assistance from a young worker who was employed on a casual basis as a fast food worker across two Hero Kebab and Cafe outlets in the Rockhampton CBD between March and September 2022, when she was aged between 22 and 23.

The ombudsman alleges the Rockhampton and Gladstone outlets were operated at the time by Harmans Food Group Pty Ltd, with Mr Harman working as the sole director.

An administrator was appointed for the company, which trades under the name Hero Kebab and Cafe, in June after a Federal Court hearing initiated by a wind-up order from the Australian Taxation Office.

The company is now in liquidation and legal action against the company is not proceeding.

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, Fast Food Industry Award 2020 and the Fair Work Act’s National Employment Standards.

The inspector determined the worker was underpaid minimum wages, casual loading, overtime and penalties for weekend work.

The ombudsman alleges Mr Harman was involved in the failure to comply with the Compliance Notice, which required the calculation and back-payment of the worker’s entitlements.

It is alleged that the amount Harmans Food Group was required to pay under the Compliance Notice was $6,766, plus superannuation.

A directions hearing for Mr Harman is listed in the Federal Circuit and Family Court in Brisbane on October 16, 2024.

Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses, including individuals, to court if laws were not followed.

“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers,” Ms Booth said.

“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and café sectors and protecting young workers are among our top priorities.

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

Mr Harman did not want to formally comment when speaking with The Morning Bulletin.