Mother Dough Hawthorn Italian restaurant accused of underpaying staff

A popular Hawthorn eatery has been accused of short-changing staff. The owners are facing hefty fines over the alleged underpayments.

Hawthorn's Mother Dough restaurant has been hit by wage theft claims. Picture: Instagram

Operators of a popular Hawthorn eatery are facing massive fines following allegations they underpaid a waiter.

The young waiter was allegedly paid less than the minimum casual wage and did not receive penalty rates for evening and weekend shifts while working at Mother Dough between June 2018 and September 2019.

The Fair Work Ombudsman has launched legal action against Champagne or Wine Pty Ltd, which operates the Burwood Rd restaurant, and its directors Jeffrey Baldassarre and Allison Barnes.

Fair Work alleged the company failed to comply with a compliance notice issued in July last year, which required it to calculate and back-pay the worker’s entitlements.

It is also alleged the company failed to provide records to Fair Work as ordered during the investigation.

Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.

“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.”

Fair Work is seeking penalties against Champagne or Wine Pty Ltd, Mr Baldassarre and Ms Barnes.

The company faces a maximum penalty of $33,000 for the alleged compliance notice contravention and a penalty of up to $63,000 for allegedly failing to comply with the notice to produce records.

Mr Baldassarre and Ms Barnes each face a maximum penalty of $6,660 for the alleged compliance notice contravention and a penalty of up to $12,600 for the alleged notice to produce contravention.

The regulator is also seeking a court order for the company torectify any underpayments in full, plus superannuation and interest.

A directions hearing has been listed in the Federal Circuit Court in Melbourne on April 23. 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.

Mother Dough’s operators did not respond to the Leader’s calls.