The former operator of a Pizza Hut outlet in south-east Queensland is in court for allegedly failing to pay two workers their annual leave entitlements.
The Fair Work Ombudsman has commenced legal action against IFITS Food Co Pty Ltd, which was the franchisee for the store located on Albion Street, Warwick, until the company ceased operating the outlet late last year.
An investigation was carried out after the regulator received requests for assistance from the workers who were employed at the outlet in part-time roles between March 2020 to October 2021.
One of the workers was an assistant manager while the other, aged 17 at the time, was in a customer service role.
An inspector issued two compliance notices after forming the belief that the workers were not paid accrued but untaken annual leave entitlements at the end of their employment, owed under the Fair Work Act’s National Employment Standards.
It is also alleged that the younger worker was not paid payment-in-lieu-of-notice of termination entitlements, owed under the Fast Food Industry Award 2010.
The company is facing a penalty of up to $33,300 per contravention in relation to the failed compliance notices.
It is believed that IFITS Food Co Pty Ltd, without reasonable excuse, failed to comply with the two Compliance Notices, which required them to back-pay the workers’ entitlements.
The regulator is also seeking an order for IFITS Food Co to take steps set out in the compliance notices, which includes rectifying any alleged underpayments in full, plus interest and superannuation.