Fair Work Ombudsman takes South Yarra restaurant to court

Posted by Editorial on 15th September 2009

The operators of a Melbourne restaurant will face court for allegedly failing to keep proper employment records for more than 70 employees.The Fair Work Ombudsman has launched a prosecution against Baker Group Management Pty Ltd, which trades as Angelucci’s Restaurant and Bar on Chapel Street, South Yarra. The Agency is also prosecuting the company’s operations manager Sam Baker.

The Fair Work Ombudsman audited the Baker Group last year after receiving a complaint from an employee.

Documents lodged in the Magistrates’ Court in Melbourne allege inspectors found the company had failed to keep proper employment records for more than 70 staff.

The employment records allegedly did not contain details such as names of some employees, whether employees were employed on a full-time, part-time or casual basis, all hours worked by employees and superannuation contributions made.

It is also claimed that the company failed to issue written payslips.

Fair Work Ombudsman Victorian Director Rhonda Murray says the decision to prosecute was made because of the seriousness of the alleged breaches.

“We are alleging that the employment records were in such poor condition that our inspectors were not able to determine whether employees had been paid their full entitlements,” she said.

The Fair Work Ombudsman alleges Baker Group and Mr Baker committed 11 breaches of workplace relations laws. The allegations will be defended.

The maximum potential penalty per breach is $5500 for Baker Group and $1100 for Mr Baker.

Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit www.fwo.gov.au.