A Perth restaurant owner has been ordered by the Industrial Magistrates Court to pay a penalty of $1,500 for failing to provide employment records to a State Industrial Inspector.
Mr Kamran Beykour, the owner of SafaCity restaurant in Mount Lawley, was also ordered to pay costs of $1,000 and to produce the required employment records within seven days.
The Court matter arose from Mr Beykour being served with a Notice to Produce Records by the Industrial Inspector as part of a 2018 compliance investigation into whether Mr Beykour had correctly paid a staff member at his Walcott Street restaurant, which has now closed.
Mr Beykour currently operates a SafaCity restaurant in Beaufort Street, Mount Lawley.
Mr Beykour did not attend the hearing in the Industrial Magistrates Court, and a default judgement was issued against him.
Industrial Inspectors from the Department of Mines, Industry Regulation and Safety have power under the Industrial Relations Act 1979 to require state system employers to provide employment records.
Obstruction of an Inspector by not providing records or not allowing entrance to a workplace can carry a penalty of up to $5,000.
Businesses in the state industrial relations system are those that operate as sole traders, unincorporated partnerships or unincorporated trusts.
Private Sector Labour Relations Executive Director Lorraine Field today warned others in the restaurant business to check their employees’ pay rates.
“State Industrial Inspectors are currently active in the café and restaurant sector undertaking compliance audits to check that state system employers are paying all staff the required rates and keeping the right records,” Ms Field said.
“This case indicates the seriousness of state system employers ignoring obligations to keep correct employment records and provide them to Industrial Inspectors upon request.”
Employment record obligations for state system employers are outlined at www.dmirs.wa.gov.au/employmentrecords.
Information on pay rates and employment conditions for café and restaurant workers is available in the WA Award Summary for the Restaurant, Tearoom and Catering Workers Award at www.dmirs.wa.gov.au/wageline
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