Restaurateur penalised for failure to comply with FWO

04 July, 2017 by
Madeline Woolway

Fair Work Ombudsman legal action has secured a penalty against the former operator of an Indian restaurant in suburban Melbourne for failing to back-pay two underpaid Indian workers.

A $500 penalty has been imposed in the Federal Circuit Court against Hari Pal, who formerly owned and operated Konna Indian Cuisine, later renamed Punjabi Tandoori Corner, in Richmond.

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The Fair Work Ombudsman found that two Indian visa-holders, both females studying in Melbourne, were short-changed a total of $8082 for waitressing work they performed at the restaurant between October, 2014 and January 2015.

The workers were paid a flat rate of $12 an hour and did not receive penalty rates when working on weekends, nights and public holidays. They were individually short-changed $5395 and $2687.

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Pal was not the owner of the restaurant at the time of the underpayments but he was the owner in October 2015 when the Fair Work Ombudsman issued the restaurant a Compliance Notice requiring the underpayment to be rectified.

The Fair Work Ombudsman commenced legal action when the Notice was not complied with.

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Under the Fair Work Act, business operators must adhere to a Compliance Notice or make a Court application for a review if they are seeking to challenge a Notice.

Pal has now personally rectified more than half of the underpayment of the workers and has undertaken to rectify the rest by way of monthly instalments.

Image: www.languageconnect.net