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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