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.
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.
Sinamon operates cafes in Victoria Park, Mt Lawley and Fremantle, and only last week opened a new cafe at Curtin University.
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 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 sentencing Mr Imam and Ms Hui, the Industrial Magistrates Court described their offending as “conscious and deliberate”.
Private Sector Labour Relations Director Cara Breuder said the fine sent a strong message to other would-be offenders.
“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.”
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.
Information on employer obligations and the changes to State employment laws is available at www.dmirs.wa.gov.au/wa-employers or by calling Wageline on 1300 655 266.
Media Contact: Caroline De Vaney, 6251 2363 or 0408 927 563 (media queries only) caroline.devaney@demirs.wa.gov.au
