Black Rock cafe The Colonel’s Son hit with $28k fine after ignoring order to backpay cook
The Colonel’s Son in Melbourne’s southeast has been slapped with almost $30,000 in fines by the workplace watchdog after it ignored a compliance notice to properly payout a cook who had stopped working there.
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A popular Bayside cafe has been slapped with nearly $30,000 in fines by the nation’s workplace watchdog after it initially ignored an order to pay a cook properly.
The operators of Black Rock cafe The Colonel’s Son, located on Beach Rd in Melbourne’s southeast, copped penalties totalling $28,171 in a case brought against them by the Fair Work Ombudsman.
The Federal Court in Melbourne handed down a $23,475 penalty against the business, which is housed in a company called KRC, and a $4,696 penalty against the cafe’s manager Rishi Chaudhari.
The business was found to have failed to comply with a compliance notice requiring it to back-pay a full-time cook it had employed between February 2021 and February 2022.
A Fair Work Inspector issued the notice after receiving a complaint from the worker in August 2023.
The female cook complained the cafe had failed to pay her accrued but untaken annual leave entitlements when her employment ended.
The worker received the $3,410 in outstanding entitlements but only after Fair Work launched legal action.
Handing down his judgement, Judge Jonathan Forbes lashed the cafe, saying its move to pay the worker her lawful entitlements almost two years after the payment was due was a “last minute attempt” after it had been “stunned into action” by the ombudsman’s legal proceedings.
Judge Forbes said although payment was eventually made to the worker, it didn’t “wipe the slate clean”.
“The former employee’s confidence in employment will have been shaken, she has gone without her entitlements for months and the payment was only made when the writing was on the wall for the respondents,” he said.
Judge Forbes said penalties needed to be “sufficiently serious to send a clear signal” to other employers that the company’s and Mr Chaudhari’s conduct was “unacceptable”.
“When put on notice as to the serious consequences of noncompliance, putting one’s head in the sand is no excuse,” he said.
Fair Work Ombudsman Anna Booth warned business operators that failed to act on compliance notices could face “substantial” penalties in court on top of having to back-pay workers.
“When compliance notices are not followed, we will continue to take legal action to protect employees,” Ms Booth said.
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurants and cafes sector is among our top priorities.”
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