Ahmed v Al-Hussain Pty Ltd t/as The Cheesecake Shop (No 3) [2019] FCA 848

Ahmed v Al-Hussain Pty Ltd t/as The Cheesecake Shop (No 3) [2019] FCA 848

The respondents, jointly and severally, contravened ss 323(1) and 325(1) of the Fair Work Act 2009 (Cth) by failing to pay in full wages and superannuation and requiring cashback payments from the applicant. Individual respondents were found to be involved under s 550. The contraventions justified significant pecuniary penalties due to seriousness, deliberate exploitation, and need for deterrence.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Civil / Post Trial Judgment and Orders
Outcome
Judgment for the applicant; respondents to pay compensation and pecuniary penalties.
Legal Topics
['wage Underpayment' 'cashback Payments' 'pecuniary Penalties' 'superannuation Entitlements' 'deterrence' 'exploitation of Vulnerable Employee']
['employment Law'] ['wage Underpayment' 'cashback Payments' 'pecuniary Penalties' 'superannuation Entitlements' 'deterrence' 'exploitation of Vulnerable Employee']

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Procedural Posture

Civil / Post Trial Judgment and Orders

Legal Issues

  1. 1 ['Whether the respondents contravened ss 323(1) and 325(1) of the Fair Work Act 2009 (Cth) by failing to pay wages and superannuation in full and requiring cashback payments' 'Whether individual respondents were involved in the contraventions under s 550 of the Fair Work Act' 'Appropriate calculation of pre-judgment interest and pecuniary penalties']

Ratio Decidendi

The respondents, jointly and severally, contravened ss 323(1) and 325(1) of the Fair Work Act 2009 (Cth) by failing to pay in full wages and superannuation and requiring cashback payments from the applicant. Individual respondents were found to be involved under s 550. The contraventions justified significant pecuniary penalties due to seriousness, deliberate exploitation, and need for deterrence.

Court Disposition

Judgment for the applicant; respondents to pay compensation and pecuniary penalties.

Orders

  • ['The first and second respondents pay the applicant $111,102.29 (inclusive of interest to today).' 'The first respondent pay the applicant pecuniary penalties totalling $100,000.' 'The second respondent pay the applicant pecuniary penalties totalling $20,000.' 'The third respondent pay the applicant $12,103.35...