Federal Circuit Court Judge Christopher Kendall was damning of the response, saying Mr Daniele and his company had shown "no contrition, taken no corrective action" and "demonstrated a lack of co-operation throughout the entire period in which the FWO has been engaging with them".
The court imposed a AU$18,270 penalty against the Italian restaurant and a AU$3654 fine against Mr Daniele.
It also ordered the company to comply with the compliance notice, including back-paying the worker's outstanding entitlements in full, plus interest.
"We make every effort to secure voluntary compliance with compliance notices but where they are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements," Fair Work Ombudsman Sandra Parker said.
More than 50 per cent of the ombudsman's litigations filed in 2018-19 involved businesses in the fast food, restaurants and cafe sector.
- News.com.au