Berry farm in a payment pickle

By Justin Robertson
THE part-owner of a Garfield retail shop claims she had no idea she would have to face court later this month.
It is alleged that Garfield Berry Farms store manager Maria Doherty underpaid an employee more than $30,000 over a three-year period.
“I just can’t believe this,” Ms Doherty said.
“This is all subject to a hearing, so I won’t be making any further comments.”
The Fair Work Ombudsman has launched a prosecution against the operators .
Documents lodged in the Federal Magistrates’ Court in Melbourne allege that Ms Doherty was centrally involved in underpaying a casual shop assistant at the store, between December 2006 and June 2009.
Fair Work inspectors discovered the alleged underpayment when they investigated a complaint lodged by the employee – a man in his 20s – who said he was paid flat hourly rates of $10.79 to $12.78. He claims he was entitled to receive more than $20 an hour under the pay scale that applied to his position.
It is also alleged that Ms Doherty and Garfield Berry Farm were also involved in further breaches by failing to comply with Notices to Produce employment documents and allegedly committed several breaches of workplace laws.
Fair Work Ombudsman Nicholas Wilson said the decision to prosecute was made because of the significant amount involved and the employer’s failure to rectify the matter.
If found guilty, Ms Doherty faces a maximum fine of $6600 per breach and the Garfield Berry Farm could face fines of up to $33,000 per breach.
The Fair Work Ombudsman is also seeking a Court Order for Garfield Berry Farm to rectify the alleged underpayment.
The case is listed for a directions hearing on July 27.