The former operator of a Melbourne Chinese restaurant has been taken to court for underpaying a migrant worker close to $70,000.
China Bar Buffet (Epping) Pty Ltd will face the Federal Court Circuit with the company’s sole director Siak Kong Chi and bookkeeper Ying Lee also facing legal action from the Fair Work Ombudsman.
FWO alleges the company underpaid a Chinese worker on an Australian spousal visa $69,321 and provided false records showing inaccurate hours of work and payments to Fair Work Inspectors during the investigation.
It is alleged the employee regularly worked 60 hours a week as a kitchen hand at the China Bar Signature restaurant (owned by China Bar Buffet (Epping) Pty Ltd), but was only paid between $700-1060 a week.
“The alleged significant underpayment of a migrant worker and falsification of records in this matter warranted court action,” says Fair Work Ombudsman Sandra Parker.
China Bar Buffet (Epping) Pty Ltd faces penalties of up to $63,000 per contravention. The maximum penalty for Chi and Lee is $12,600 per contravention.
The FWO is seeking court orders requiring all back payments and superannuation are paid and for the company to commission an external audit of compliance with workplace laws and rectify any non-compliance issues discovered.