Monday 12 January 2015

Significant Fines for Breaches

The owners of Dave’s Noodles, a noodles restaurant in Launceston have been fined $100,000 for underpaying a Chinese chef on a 457 Visa, and creating false wage records.

Over a period of four years the chef received a shortfall of $86,000 and eventually lodged a complaint with the Fair Work Ombudsman. When his claim was investigated the inspectors discovered the worker was being paid at a flat rate based on a 38 hour week while his employers were requiring him to work 60 hours per week.

The owners compounded their culpability by requiring the chef to sign false time and wage sheets for migration purposes, thereby making it clear that they knew that what they were doing was wrong.

In addition to imposing a fine the Federal Court ordered the employee be paid what was owed to him. The Court pointed out that the worker was in a vulnerable position, having to rely on the employer  in order to able to stay in Australia, and observed that the fraudulent paperwork was ‘particularly disturbing behaviour’.


This case highlights that employers who breach their sponsorship obligations and by doing so, impact on the rights of vulnerable members of the community, will be dealt with severely by the courts. 

Contact our specialist Australian Migration Lawyers for any questions about this article or Australian migration and visas.

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