Former Melbourne bar operator faces court

Operator of The Dock Lounge, a now-shuttered venue in Melbourne’s Docklands, is facing court and a total penalty of close to $30,000 over alleged unpaid wages.

Sole trader Tamer Yesilbas owned and operated The Dock Lounge until its closure. An Italian visa holder who Yesilbas employed as a casual bartender from December 2022 to January 2023 reached out to the Fair Work Ombudsman (FWO) with concerns that their wages and other entitlements had been underpaid.

FWO issued a compliance notice to Yesilbas in mid-2023 on the belief that Yesilbas underpaid minimum wages, overtime entitlements, and penalty rates, and also breached pay slip laws. The compliance notice required Yesilbas to pay penalties of $3,932.

Because Yesilbas allegedly failed to comply with the notice, FWO has taken the sole trader to court to seek penalties of up to $9,390 for failing to follow the compliance notice and up to $18,780 for the alleged payslip breach.

The regulator is also seeking an order for Yesilbas to pay the amount purportedly owing to the employee, plus superannuation and interest.

“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,” said Fair Work Ombudsman Anna Booth.

“Employers also need to be aware that taking action to protect visa holder workers is among our top priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

The FWO has resources for visa holder workers, employers and employees in the fast food, restaurant and café sector. Employers can also use FWO’s pay calculator and Small Business Showcase.