Legal proceedings have been initiated against O’Malley’s Operations, and separately against its operations manager Riley Panetta-Sleiman by the Fair Work Ombudsman (FWO).
O’Malleys Operations, a labour-hire company used by the Royal Hotel Granville, was given an order to compensate an unfairly dismissed worker, but has allegedly failed to comply with this order.
In October 2022, a woman was hired as a bar and gaming attendant by someone she believed to be the second in charge at the hotel, Sarkis Achamar.
Around seven months later, in May 2023, she was abruptly dismissed by Panetta-Sleiman – only days after O’Malley’s Operations learned of her pregnancy.
In a September 2023 decision, Fair Work Commissioner Alana Matheson found the employee had been unfairly dismissed, ordering O’Malley’s Operations to pay compensation of $6,095 within fourteen days.
Matheson was satisfied the dismissal was “harsh, unjust and unreasonable” due the abrupt nature of the dismissal following the pregnancy announcement, and that it was not related to the employee’s conduct or capacity.
Yet despite numerous emails, phone calls and letters by the FWO, O’Malley’s Operations allegedly failed to respond to contact from the Commission.
The company did not voluntarily make the required payment and as a result, the FWO alleges the company, along with Panetta-Sleiman, have breached the Fair Work Act.
Ombudsman Anna Booth said legal action was therefore necessary to protect workers’ rights as well as uphold the Fair Work Commission’s authority.
“It is fundamental for the integrity of the workplace relations system that Fair Work Commission orders are complied with,” said the Ombudsman.
“A sum of more than $6,000 is significant for any worker, and the Fair Work Ombudsman is prepared to take legal action to ensure that employees receive all compensation they are lawfully entitled to,” she continued.
Should O’Malley’s Operations be found liable, the company would face a maximum fine of $93,900. A fine of $18,780 could also be issued to Panetta-Sleiman for his role in the contravention.
The FWO is seeking a court order for payment of the compensation plus interest, as well as for the two penalties.
The employee told the FWO that she believed Panetta-Sleiman to be the son of the respondent. In telephone calls to the venue, the Commission was advised by a staff member that Panetta-Sleiman was the business owner.
Owner Pierre Sleiman purchased the 150-year-old hotel from Redcape in 2019, and is also proprietor of O’Malley’s Hotel in Woolloomooloo.
The Royal Hotel Granville was one of the first casualties of the new rules around gaming rooms signage last year when its restaurant logo was considered too similar to the graphic of a popular poker machine.
