Malaysian restaurant faces court for allegedly underpaying staff more than $87,000
19 January 2016
The operators
of an inner Sydney restaurant are
facing Court for allegedly short-changing six employees tens of thousands of
dollars and using false records to try to disguise the underpayments.
The six
casual staff, all from non-English speaking backgrounds, worked at the Mamak
Malaysian restaurant on Goulburn Street at Haymarket.
They were
allegedly paid flat rates as low as $11 an hour.
Five of
the six were visa-holders when they commenced work at Mamak – four
international students and one employee on a bridging visa.
They were
allegedly collectively underpaid a total of $87,349 between February, 2012 and
April, 2015. All outstanding entitlements have since been reimbursed.
The Fair
Work Ombudsman has commenced legal action against restaurant owner-operators
Joon Hoe Lee, Julian Lee and Alan Wing-Keung Au and their company Mamak Pty Ltd.
One
employee was allegedly underpaid a total of $26,793 and another $21,538.
Under the Restaurant Industry Award, five adult
employees should have been paid more than $22 for normal hours and a junior
employee more than $13.
Fair Work inspectors
were allegedly provided with false records that made it appear that higher
rates had been paid to one employee than was actually the case.
Laws
relating to pay-slips and providing employees with workplace access to
information about minimum lawful entitlements were also allegedly contravened.
Restaurant
owners Joon Hoe Lee, Julian Lee and Alan Wing-Keung Au all face maximum penalties
of up to $10,200 per contravention and Mamak Pty Ltd faces penalties of up to
$51,000 per contravention.
The Fair
Work Ombudsman is seeking an injunction restraining the owners - who also
operate Mamak Malaysian restaurants at Chatswood,
in Sydney, and in the Melbourne CBD
– from contravening workplace laws in future.
In
addition, the Agency has requested Court Orders for them to undertake training
on workplace relations laws and to commission an audit of their compliance.
A directions
hearing is listed for February 5 in the Federal Circuit Court in Sydney.
Follow Fair Work Ombudsman Natalie James on Twitter @NatJamesFWO 
, the Fair Work Ombudsman @fairwork_gov_au or find us on Facebook www.facebook.com/fairwork.gov.au .
Sign up to receive the Fair Work Ombudsman’s media releases direct to your email inbox at www.fairwork.gov.au/mediareleases.
Media inquiries:
Ryan Pedler, Assistant Media Director
Mobile: 0411 430 902
ryan.pedler@fwo.gov.au
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