The former manager of an Oliver Brown chocolate café outlet on the Gold Coast has been penalised $27,200 for exploiting and underpaying overseas workers for nine months.
Steven Chung, who took over as manager of the cafe on July 11, 2015 and underpaid 12 employees a total of $24,575 between January and September was penalised $27,200 in the Federal Circuit Court, the Fair Work Ombudsman released.
Seven of 12 employees were overseas workers, including five Korean nationals and four were on 417 working holiday visas, and the rest were on a 457 temporary skilled worker visa, 444 special category visa and a partner visa.
The largest underpayment was $9188 of an adult Korean worker who was paid flat rates of between $10 and $16.48.
Under the Restaurant Industry Award 2010, the worker was entitled to receive casual rates of up to $23.09 for ordinary hours, $27.71 on weekends and $46.18 on public holidays.
Judge Salvatore Vasta said the café “was an enterprise in which Mr Chung quite deliberately calculated to see what it was that he could ‘get away with” and said Chung, who was responsible for hiring staff and setting wage rates, “discriminated against a number of the employees, on, it would seem, the basis either of coming from a non-English speaking background, having a visa or their youth”
“For persons who are on the minimum wage, such sums are quite crucial just simply to their existence and, for that reason, actions that result in their not being paid properly cannot be simply dismissed as being ‘minor infractions’,” Judge Vasta said.
Fair Work Ombudsman Natalie James said “We treat exploitation of overseas and young workers particularly seriously because they can be especially vulnerable if they are not aware of their rights, have language barriers or are reluctant to complain,”
Employers and employees can seek assistance at www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. A free interpreter service is available on 13 14 50.
