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Brisbane Café Owner In Court For Failing To Pay Dismissal Compensation

Brisbane café owner in court for failing to pay dismissal compensation

The former owner of a Brisbane café is facing court after failing to pay compensation to a worker he unfairly dismissed.

He faces penalties of more than $70,000 as a result.

Brisbane café owner fails to pay dismissal compensation

Giuseppe Virzi previously ran the Bar Spritz café at Kangaroo Point.

In September 2020, the Fair Work Commission found he unfairly dismissed barista Mylie Woodland.

Deputy president Ingrid Asbury subsequently ordered him to pay her $5,096 compensation, in addition to $677 in superannuation within three weeks.

However, he has so fair failed to do so.

As a result, the Fair Work Ombudsman has commenced legal action in the Federal Circuit Court.


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Orders must be complied with

Ombudsman Sandra Parker said the legal action reinforces the importance of the Commission’s orders.

“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with.

“The Fair Work Ombudsman is clearly prepared to take legal action to ensure that employees receive compensation they are lawfully entitled to.”

Criminal offence

Industrial advocate Miles Heffernan from IR Claims says Fair Work Commission orders are not discretionary.

“It is a criminal offence to not comply with an order from the Fair Work Commission,” he said.

“If you choose to ignore an order to pay compensation, you will end up in court facing pecuniary penalties, in addition to whatever compensation you owe.”

Penalties

Virzi’s company faces a penalty of up to $66,600, while he faces a penalty of up to $13,320.

Fair Work is also seeking a court order for Virzi to pay the outstanding compensation and superannuation owed to the employee, plus interest.

The Federal Circuit Court in Brisbane has a directions listed for 29 June 2021.


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