The director of Perth\u2019s Sinamon bakery has allegedly physically obstructed a Fair Work inspector from accessing the business\u2019s records.<\/p>\n
The action, alongside a range of other \u201cserious\u201d contraventions, has led Fair Work to commence legal action against Sinamon Pty Ltd, which operates bakeries in Victoria Park, Freemantle, and Mount Lawley, as well as previously operating an outlet at Curtin University\u2019s Bentley campus.<\/p>\n
Also facing court are Sinamon director Yan Woon Desiree Hui and former Sinamon director Ahmed El Sayed Imam, who is also known as A Mido or Abarai Mido.<\/p>\n
The Fair Work Ombudsman (FWO) first investigated Sinamon in 2022 after one of the cafe\u2019s employees, a Japanese visa holder who worked as a casual cafe all-rounder at the company\u2019s Victoria Park and Mount Lawley outlets, made a request for assistance.<\/p>\n
When Fair Work Inspectors made an unannounced visit to the Victoria Park outlet in October 2022 to try to obtain records, they alleged that Hui intentionally stood in front of one of them, blocking his access to the back office area and consequently breaching the Fair Work Act. When the Inspector cautioned Hui, she allegedly still did not move to allow him to access the area.<\/p>\n
The FWO also alleges that Sinamon Pty Ltd and Imam breached the Fair Work Act by misrepresentation of workplace rights to a short-term employee. The regulator alleges when the worker requested pay for 33 hours of work, Imam told the worker that Sinamon Pty Ltd could deduct money from his wages on the basis that his abrupt departure had caused damage to its business.<\/p>\n
Fair Work also alleges that the company failed to respond to a compliance notice regarding underpayments of two visa holders\u2019 entitlements, and only provided limited documents after being given a notice to produce documents for employment records.<\/p>\n
The FWO also alleges breaches of record-keeping and pay slip laws.<\/p>\n
Fair Work Ombudsman Anna Booth called the alleged offences \u201cserious\u201d, adding that attempting to obstruct FWO inspectors from their work is \u201ccompletely unacceptable conduct\u201d.<\/p>\n
\u201cOur inspectors have authority under the Fair Work Act to inspect and investigate,\u201d said Booth. <\/p>\n
She added that breaches impacting visa holder workers are also concerning. <\/p>\n
\u201cEmployers should be aware that taking action to protect migrant workers and improve compliance in the fast food, restaurants and caf\u00e9s sector are priorities for the FWO,\u201d said Booth. <\/p>\n
\u201cVisa holders can be reassured that protections exist for their visa if they speak out to us about any concerns.<\/p>\n
\u201cWe encourage any workers with issues relating to pay and other entitlements to contact us for free advice and assistance. They can also contact their union if they are a member.\u201d<\/p>\n
The FWO is seeking penalties in court for multiple alleged contraventions. Sinamon Pty Ltd faces penalties of up to $93,900 per breach, while Hui and Imam face penalties of up to $18,780 per breach.<\/p>\n
The Fair Work Ombudsman\u2019s legal action comes after Ms Hui and Dr Imam have previously been\u00a0penalised a total of more than $135,000<\/a>\u00a0across three legal actions for breaching WA employment laws.<\/p>\n Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on\u202f13 13 94\u202ffor free advice and assistance. An interpreter service is available on\u202f13 14 50.<\/p>\n Photography by Lara K \/ Pexels.<\/p>\n For exclusive hospitality news every Tuesday and Thursday, subscribe\u00a0here<\/a>\u00a0or follow us on\u00a0LinkedIn<\/a>\u00a0and\u00a0Instagram<\/a>.<\/p>\n