Rocco Esposito of Bar Rosella, Project 49, fined for underpaying staff member

A Melbourne cafe and bar owner has been found to have deliberately robbed a worker of their pay and entitlements.

A Project 49 manager and supervisor was robbed of her pay and entitlements during her 18-month stint at the Collingwood cafe, a Fair Work investigation found. Picture: Rebecca Michael.

A Melbourne cafe and bar owner has been fined more than $60,000 after being found to have deliberately robbed a worker of their pay and entitlements.

Rocco Esposito, who currently runs buzzy Fitzroy watering hole Bar Rosella, was accused of withholding the pay of a former manager, supervisor and barista at his now-closed Collingwood cafe and deli, Project 49.

The female worker was not paid for her final two weeks of employment at the Cambridge St venue, nor received a payout for accrued but untaken annual leave when her employment ended after 18 months in 2022.

The Fair Work investigation began after the full-time employee complained to the ombudsman.

Fair Work issued a compliance notice to P49 Collingwood Pty Ltd, of which Mr Esposito is the sole director, in November 2022 to pay the outstanding wages.

Rocco Esposito, who also owns Fitzroy’s Bar Rosella, was fined over the deliberate act. Picture: Jason Edwards

The company eventually did pay back most of the employee’s entitlements 15 months after it was due — and only after the Fair Work Ombudsman had started legal action.

Fair Work found Mr Esposito had deliberately breached pay slip laws and failed to comply with a notice requiring the company to calculate back-pay entitlements in the Federal Court last week.

Judge John O’Sullivan said he penalised P49 Collingwood to deter Mr Esposito and other employers from similar conduct in future.

“It is necessary and appropriate to impose a penalty that signals noncompliance with statutory notices will not be tolerated,” he said.

Fair Work Ombudsman Anna Booth said employers that failed to act on compliance notices would be penalised.

“When compliance notices are not followed, we will continue to take legal action to protect employees. Employers who fail to act on these notices risk substantial penalties, as the company and director in this case have found out,” she said.

P49 Collingwood Pty Ltd was slapped with a hefty $55,003 fine and Mr Esposito was also ordered to pay a $6793 penalty.

The company was also ordered to calculate and pay any outstanding superannuation entitlements to the employee in question.

Employers and employees can seek free advice and assistance about their rights and obligations in the workplace via fairwork.gov.au or 13 13 94.