The Fair Work Ombudsman has pursued legal action against the former operator of a fast-food pizza outlet in South Australia’s Barossa Valley Region.
Ziad Andary, the former operator of The Valley Pizza in Nuriootpa is back in court for the second time.
Andary faces a maximum penalty of $6,600 after allegedly failing to comply with a Compliance Notice without reasonable excuse.
The notice was issued to Andary by the Fair Work inspector in 2021 following an investigation into the underpayment of a casual employee, who had allegedly been underpaid entitlements under the Fast-Food Industry Award 2010.
The regulator commenced the investigation after receiving a request for assistance from the worker who was employed between December 2018 and August 2019.
It was believed that the worker, aged 24 at the time, had been underpaid the appropriate casual rate of pay and penalty rates for late-night and weekend work.
The Fair work Ombudsman is seeking a court order for Andary to take action required by the notice, including calculating and rectifying any underpayment in full, plus superannuation
This is the second time the Ombudsman has taken legal action against Andary who had previously received a $3,500 penalty in November 2021. Andary had failed to comply with a Compliance Notice requiring him to calculate and back-pay entitlements owed to a worker formerly employed at The Valley Pizza.
A directions hearing has been listed in Adelaide on 3 May 2022.
Image Credit: Australia 247
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