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Selected cases

Federal Court of Australia · [2026] FCA 638

Mazi v Elizabeth Andrews hospitality employment case

A Federal Court employment appeal case about a catering business, casual kitchen work, award classification, payslips, late payment and...

Federal Court of Australia25 May 2026

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

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Quick read

  • Hospitality and catering businesses should treat award classification, payslips, break records, payroll timing and casual rosters as everyday compliance systems.
  • A Federal Court employment appeal case about a catering business, casual kitchen work, award classification, payslips, late payment and leave to appeal.

Use this to check

  • Award classification should be based on actual duties, not just job title.
  • Payslips need to be issued on time and include required information.
  • Casual rosters, shift records and break records should be easy to prove.

Decision snapshot

  1. 1

    What happened

    • Grace Mazi was a casual employee of Elizabeth Andrews Pty Ltd, a catering business operating a commercial kitchen and employing kitchen assistants and cooks.
    • She completed five shifts from 29 November 2022 and was classified as a Kitchen Attendant Grade 1 under the Hospitality Industry (General) Award 2020.
    • She then lodged a workers compensation claim for an injury and did not perform further work.
    • In the Federal Circuit and Family Court, she alleged misclassification, underpayment, non-compliant payslips and employment documentation, late payment, unauthorised deductions, coercion, misleading workplace-rights representations and failure to comply with award dispute procedures.
  2. 2

    What the court had to decide

    • The Court had to decide whether Ms Mazi should receive an extension of time and leave to appeal from an interlocutory liability judgment.
    • The proposed appeal concerned award classification, alleged underpayments, deductions, rostering, superannuation, employment documents and dispute-resolution obligations under the Fair Work Act and Hospitality Industry Award.
  3. 3

    What the court decided

    • The Federal Court dismissed Ms Mazi's application for an extension of time and leave to appeal.
    • The Court held that the proposed appeal grounds lacked merit and that the primary judgment was not attended by sufficient doubt to warrant reconsideration on appeal.

Practical impact

Practical read

  • Hospitality and catering businesses should treat award classification, payslips, break records, payroll timing and casual rosters as everyday compliance systems.
  • Even where most claims fail and mistakes are found to be honest, poor records can still turn a short employment relationship into years of legal process.

Useful next steps

  • Award classification should be based on actual duties, not just job title.
  • Payslips need to be issued on time and include required information.
  • Casual rosters, shift records and break records should be easy to prove.
  • Late payment can still be a contravention even if the broader claim fails.
  • Workplace surveillance should not be used casually to resolve pay disputes.

Practical read

This is a very small-business employment story: a catering company, a casual kitchen employee, five shifts, a workplace injury claim, and a long dispute about award classification, pay timing, payslips, break records and workplace rights.

The employee argued that she should have been classified above Kitchen Attendant Grade 1, that she had been underpaid, that break time had been handled unfairly, that payslips and documents were not compliant, and that other Fair Work contraventions had occurred. The primary court accepted only two contraventions: a late payment for one day of work and a missing compliant payslip for that day.

It otherwise rejected many of the claims and later found no penalty was appropriate because the contraventions were honest mistakes and oversights.

The Federal Court application was about whether Ms Mazi should get an extension of time and leave to appeal. The Court refused. The proposed grounds did not show enough doubt in the primary judgment to justify an appeal. On classification, the Court accepted that the primary judge had analysed the actual duties against the award structure. On deductions and rostering, the proposed appeal did not disturb key factual findings. Other award and dispute-procedure complaints also did not justify leave.

For hospitality, catering and venue operators, the practical lesson is not that small mistakes are harmless. It is the opposite. A short engagement can still generate a serious dispute if classification, rosters, breaks, CCTV use, payroll timing and payslip records are unclear. Good systems make the legal position easier to prove and can reduce the chance that honest errors become expensive distractions.

Checks to run

Key points

  • Map each hospitality role to the award classification using actual duties.
  • Keep shift, roster, break and timesheet records in one reliable system.
  • Issue payslips within the required timeframe and check mandatory fields.
  • Document any pay correction quickly and explain it clearly to the employee.
  • Use CCTV or monitoring evidence cautiously and consistently with workplace policies.
  • Keep worker injury, payroll and dispute correspondence separate but cross-referenced.

Key takeaways

  • Award classification should be based on actual duties, not just job title.
  • Payslips need to be issued on time and include required information.
  • Casual rosters, shift records and break records should be easy to prove.
  • Late payment can still be a contravention even if the broader claim fails.
  • Workplace surveillance should not be used casually to resolve pay disputes.
  • Appeals need real legal error, not just disagreement with factual findings.

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