The former franchisees of a Gloria Jean’s cafe in Sydney have been fined $96,030 for breaching a teenage worker’s rights following a prosecution by the Fair Work Ombudsman.
Sydney couple Robert and Silvana Ognenovski owned and operated a Gloria Jean’s cafe at Revesby until they sold it in 2008. The Ognenovskis have each been fined $5940 and their company, Oggy Pty Ltd, which is now in liquidation, a further $84,150.
Federal Magistrate Michael Lloyd-Jones found the 18-year-old employee in 2006 suffered duress with her working hours cut and then dismissal from her job as a result of her refusal to sign a workplace agreement that contained a reduced pay rate.
In addition the employee is to be paid compensation of $1798 from the company and $1000 each from the Ognenovskis.
“These acts engaged in by Oggy, Mr and Mrs Ognenovski are particularly reprehensible in light of (the employeeÍs) vulnerable position,” Federal Magistrate Lloyd-Jones said. “(She) was only 18, was only in her second job and had only been working at Oggy for approximately two months.”
Oggy also breached workplace laws by underpaying the employee. A $300 back-payment was paid only after the Fair Work Ombudsman took up the case.