THE former operator of an Albury cafe has been fined nearly $22,000 with a magistrate saying he “behaved as a bad-tempered bully” in underpaying three female staff members.
Leslie Graeme Beard, who ran the now defunct Georges’ on Dean next to the Angus and Robertson bookshop, was fined $21,900 in the NSW Chief Industrial Magistrates Court on Monday.
He was found to have underpaid Janiene Tait $3072.39, Anna Hamilton $1419.02 and Amy Britten $1152.47.
They were underpaid wages, annual leave, sick leave, weekend and overtime rates, rest breaks and pay in lieu of notice.
Chief industrial magistrate Gregory Hart ordered Beard to repay the shortfalls from the fine with the remainder of the penalty to be paid to the Commonwealth.
Mr Hart lambasted Beard’s behaviour saying there was a “marked absence of genuine contrition or remorse and no evidence of any genuine attempt to provide restitution to the three employees who were underpaid”.
“(Beard) behaved as a bad-tempered bully prone to the use of abusive language including obscene and offensive language in the workplace towards his employees,” Mr Hart said yesterday.
“He was particularly inclined to behave in this fashion if the employees dared to ask him about underpayment of wages, sick leave entitlements and so on.
“He had a low opinion of his own employees and his failure to ensure that they received their minimum lawful entitlements under the industrial instrument flowed from his attitude to his employees and not simply from a lack of knowledge or expertise in the field of industrial law.”
The court heard Beard began operating the cafe after failing to attract a tenant but it could not be run at a profit and was closed down.
Beard told the court he was unemployed and planned to apply for the pension rather than enter a new business venture.
“(Beard) informs the court that he lacks both income and realisable assets and that in those circumstances he is no position to pay a substantial fine,” Mr Hart said.
The magistrate said he was unable to conclude Beard was “impecunious and incapable of paying a substantial fine” as he had failed to provide evidence about his financial demands.