A high-profile Sydney restaurant group will face the Fair Work Ombudsman in court over accusations of underpayments.
It’s alleged two workers were underpaid while working at Metisse restaurant, which was formerly operated by Metisse Bar and Restaurant Group Pty Ltd.
The company’s sole director is chef and restaurateur Opel Khan, who told Good Food last week he was bowing out of the restaurant sector for the most part, closing Bistronomie in Surry Hills as well as Acqua E Farina, leaving one venue in operation; Pizza Boccone in Potts Point.
The Fair Work Ombudsman received requests from two French visa holders who worked for the restaurant group as a cook and a food and beverage supervisor for various periods between February and May 2023.
Inspectors formed the belief that the minimum wages and overtime and penalty rates paid to the chef did not meet the Restaurant Industry Award 2020, meaning the worker was underpaid.
Inspectors also believed the worker was not paid personal leave entitlements, did not receive payment-in-lieu-of-notice, and annual leave entitlements at the end of his time working for the restaurant.
It’s also alleged the food and beverage supervisor was not paid annual leave entitlements at the end of his employment.
The restaurant group was issued with a compliance notice from inspectors, requiring the company to calculate and back-pay the workers a sum of $7,733, however the group failed to do so.
The group and its sole director will now face the Fair Work Ombudsman in court which could result in penalties of up to $46,950 per contravention. Khan himself faces penalties up to $9,390 for his involvement in the contraventions.
“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.
A directions hearing is scheduled to to take place on 15 November.
