Crust pizza outlet grilled for alleged underpayment

By Nick Hall | 21 Jan 2020 View comments

The operators of a Crust pizza outlet may find themselves in hot water next month when they face court accused of failing to comply with a Fair Work notice.

Legal action has been commenced by the Fair Work Ombudsman (FWO) against the Church Street, North Parramatta operator, 1 TWO KA 4 CP Pty Ltd.

According to the FWO, the operator, along with company directors and shareholders Vipul Dasharathbhai Janisari and Dhruvin Jagdishbhai Patel breached the Fair Work Act by ignoring a compliance notice requiring the company to calculate and back-pay any outstanding amounts owed to employees.

Crust pizza outlet notice

The issuing of the compliance notice followed an extensive investigation by Fair Work Inspectors, who were alerted to the alleged breaches by concerned staff members.

Inspectors believe that employees at the Crust pizza outlet had been underpaid minimum wages, casual loadings, overtime rates and penalty rates for public holiday and evening work under the Fast Food Industry Award (2010).

Sandra Parker, Fair Work Ombudsman said a compliance notice is an important tool in recovering unpaid wages.

“Under the Fair Work Act, inspectors can issue a compliance notice if they form a belief that an employer has breached certain workplace laws,” she said.

“Where employers do not comply with our notices, a Court can order them to pay penalties in addition to back-paying any affected employees. The Fair Work Ombudsman is cracking down on alleged non-compliance in the fast food, restaurant and café sector, and will continue to use all its enforcement tools to hold employers to account.”

The alleged breaches carry with them a hefty price.

The FWO is seeking a maximum penalty of $31,500 against the Crust pizza outlet operator, with Janisari and Patel each facing a maximum penalty of $6,300.

A directions hearing is listed in the Federal Circuit Court in Sydney for 6 February 2020.