Business fined for failing to produce employment records

Two owners have been fined more than $89,000 for not producing employment records in a matter which the Private Sector Labour Relations director says sends a “strong message” to others.

The owners of Sinamon cafe have been fined a total of $89,800 by the Industrial Magistrates Court for failing to comply with court orders to produce employment records. Sinamon operates cafes in Victoria Park, Mt Lawley and Fremantle and only last week opened a new cafe at Curtin University, according to a statement provided by Private Sector Labour Relations.

The owners, named Ahmed El Sayed Imam and Yan Woon Desiree Hui, pleaded guilty to charges brought against them by the Department of Mines, Industry Regulation and Safety and were fined and ordered to pay the prosecution’s costs.

“The charges stemmed from industrial inspectors issuing Mr Imam and Ms Hui with notices to produce employment records in 2021. Mr Imam told inspectors he had thrown one notice in the bin, while Ms Hui claimed she was only an employee and not an owner of the business,” the statement said.

“The department subsequently initiated legal proceedings against them, resulting in the Industrial Magistrates Court ordering the production of employment records.

“When the couple failed to comply with the court orders, the department commenced a prosecution under the Industrial Relations Act 1979.”

In handing down the decision, the Industrial Magistrates Court described the offending as both “conscious and deliberate”.

Private Sector Labour Relations director Cara Breuder added the fine sent a strong message to other would-be offenders. A previous campaign in the cafe and restaurant sector by industrial inspectors found that four out of five businesses did not comply with state employment laws.

“Compliance with employment laws is not optional,” Ms Breuder said.

“Employers are required to produce employment records to industrial inspectors on request. It’s an important safeguard to check that employees are being paid correctly.

“This was not a case of an employer making an innocent mistake – Mr Imam and Ms Hui ignored court orders. The substantial penalty, in this case, reflects the seriousness of the offending over many months.”

Meanwhile, in NSW, engineering services company Buddco has been fined $600,000 following the death of an employee who was killed at work.

The fine stemmed from a 2017 incident when contractor Craig Tanner was trapped and killed by a mixing blade in a commercial ink tank.

The 42-year-old Engadine man was struck while cleaning the tank. Two others were injured at a factory in Auburn.

Buddco was found guilty of breaching the Work Health and Safety Act 2011 at the District Court of NSW.