A former contract caterer for the Wagga Rules Club has been slapped with a $50,100 penalty for his role in underpaying staff members.
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The Federal Circuit Court imposed the penalty on Mohammed Moseem Yasin, the former sole director and part-owner of A to Z Catering Solution Pty Limited, which is now in liquidation.
A to Z Catering Solution had previously admitted to underpaying seven employees a total of $24,139 between July 2013 and April 2014.
Judge Nicholas Manousaridis found Mr Yasin was personally involved in a range of breaches involving a total of eight employees, including underpaying five of these staff a total of $8054.
The company employed the eight people to work as cooks and waiters at the Rules Club under a contract it held at the time with the Riverina Australian Football Club to run the venue’s restaurant.
The employees included a teenager, aged 17, and three aged in their early 20s.
A statement released by the Fair Work Ombudsman said most of the underpayments were the result of casual employees being paid flat rates of $20 an hour and $10 an hour to a part-time employee.
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Other offences included the underpayment of superannuation, annual leave and clothing entitlements, as well as a failure to provide staff with Fair Work information statements and pay slips.
Judge Manousaridis found that Mr Yasin had been involved in “systematically and regularly” failing to provide employees with their minimum pay rates.
A to Z Catering back-paid the workers in full after the Fair Work Ombudsman commenced legal proceedings.
Judge Manousaridis found there was no evidence of any contrition.
“I also accept that the evidence that was before me, and which I have recorded in some detail in my earlier judgment, do not demonstrate any significant co-operation by Mr Yasin with the FWO,” he said.
Noting that Mr Yasin has current directorships, Judge Manousaridis found there was a need to deter further breaches.
FWO Sandra Parker said the underpayments occurred despite Mr Yasin being on notice regarding record-keeping and minimum pay laws in his other companies.
Attempts to contact Mr Yasin were unsuccessful. The Rules Club has been contacted for comment.
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