The Fair Work Ombudsman has commenced legal action against the former operators of a French-inspired fine dining restaurant in Sydney.
Facing court are Metisse Bar and Restaurant Group Pty Ltd, which formerly operated Metisse in Potts Point, and the company's sole director, Opel Opu Khan.
The regulator investigated after receiving requests for assistance from two French visa holders that Metisse Bar and Restaurant Group employed on a full-time basis for various periods from February to May 2023.
One worker was engaged as a cook and the other was a food and beverage supervisor.
A Fair Work Inspector issued Compliance Notices to Metisse Bar and Restaurant Group in August 2023. The inspector formed a belief the company underpaid the cook's minimum wages, overtime and penalty rates for evening and weekend work, owed under the Restaurant Industry Award 2020.
The inspector also believed the cook was not paid his personal leave entitlements, and did not receive payment-in-lieu-of-notice and annual leave entitlements at the end of his employment, owed under the Fair Work Act's National Employment Standards.
It is alleged the food and beverage supervisor was not paid annual leave entitlements at the end of his employment, owed under the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges Metisse Bar and Restaurant Group, without a reasonable excuse, failed to comply with the Compliance Notices, which required it to calculate and back-pay the workers' entitlements. It is alleged Mr Khan was involved in the contraventions.
It is alleged that the amount Metisse Bar and Restaurant Group was required to pay to comply with the Compliance Notices was $7,733.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
"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 should also be aware that taking action to improve compliance in the fast food, restaurants and cafes sector, and to protect visa holder workers, are a priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the two Compliance Notices. Metisse Bar and Restaurant Group faces penalties of up to $46,950 per contravention and Mr Khan faces penalties of up to $9,390 per contravention.
The regulator is also seeking an order for the company to pay the alleged outstanding amount to the employees.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 15 November 2024.
