Abdul Hafeez Bilwani, operator of a well-known restaurant in Melbourne is facing federal circuit court over allegedly underpaying workers more than $26,000.
The Fair Work Ombudsman has commenced legal action against Mr. Bilwani who runs the Red Salmon restaurant at the Knox O-Zone shopping centre in Wantirna.
It is alleged that 13 employees, including six young workers aged 19-20 were underpaid a total of $26,707 between March and June last year.
It is also alleged that the workers shift allowances and annual leave entitlements were also underpaid.
The employees were allegedly paid flat rates between $16.87 and $20.11 whereas under the restaurant industry award, workers are entitled to be paid $18.02 to $22.53 for normal hours and penalty rates ranging from $22.52 to $45.05 for the weekend, night, public holiday and overtime work.
The employees have been back-paid in full the individual underpayments that ranged from $154 to $4746.
However, Fair Work Ombudsman Natalie James says the involvement of young workers and the fact that Mr. Bilwani had previously been put on notice of the need to pay employees’ their lawful minimum entitlements were significant factors in the decision to commence legal action.
Mr. Bilwani faces the maximum penalties ranging from $5100 to $10,200 per contravention and his company may be penalised between $25,500 and 51,000 per contravention, and a decision hearing will take place in the Federal Circuit Court in Melbourne on August 22.
Employers and employees seeking assistance can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94.
