The operator of a Thai restaurant in Newcastle is set to face court after the Fair Work Ombudsman commenced legal action over underpayments.

It’s alleged Supon Phiyasirikul, a sole trader who operates the Thai Square Warners Bay restaurant, breached the Fair Work Act by failing to comply with a Compliance Notice requiring him to correctly calculate and back-pay alleged underpayments of his employees, some of whom were visa holders.

The notice was issued by a Fair Work Inspector who, after conducting an investigation, formed the belief Phiyasirikul underpaid minimum wage rates for ordinary hours, casual loading, overtime, and weekend and public holiday penalty rates under the Restaurant Industry Award 2010. It’s alleged the underpayments occurred between July 2018 and June 2019.

The investigation was undertaking in response to a request for assistance from a former employee.

Phiyasirikul faces a maximum penalty of $6,300.

The fast food, restaurant and café sector has accounted for more disputes than any other industry during the last six years. It made up 56 percent of the FWO’s new litigations last financial year.

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