The operator behind Melbourne-based CM’s Fashion outlet is facing court yet again, barely one year after being fined for underpaying staff. The Fair Work Ombudsman has launched a prosecution against Uri Burke and his private company, formerly Tovek Pty Ltd, which owns and runs CM’s Fashion outlets at various locations around Melbourne, including St Kilda. The watchdog has alleged that Burke was centrally involved in his company failing to pay $5,000 in accrued annual leave entitlements to the manager of its St Kilda outlet, following the manager’s resignation in February last year. The latest underpayment breach could see Burke incur a maximum penalty of $6,600 and his company a maximum penalty of $33,000. The alleged underpayment occured after the Ombudsman investigated a complaint from the employee. The breach reportedly occured only weeks after Burke and his company were fined $19,500 in the Melbourne Magistrates’ Court for underpaying two employees $6,940. It is understood that previous breaches of workplace laws, coupled with the failure to rectify the latest underpayment, were key factors in the decision to prosecute the company. Burke was also alledegly involved in his company committing a total of five breaches of workplace laws relating to employment records and pay slips. He faces maximum penalties of $1,100 - $3,300 per breach and his company faces penalties of $5,500 - $16,500 per breach. The case is listed for a directions hearing on December 12 in the Federal Magistrates Court in Melbourne. Assia Benmedjdoub
