A supermarket in Australia and its Indian-origin owner are facing a legal action for underpaying a migrant worker from India, owing him more than A$68,000.
Australian regulatory authority Fair Work Ombudsman (FWO) has commenced legal action against Darwin-based Om Shiva Foods Pty Ltd, trading as Wulagi Supermarket, and the company’s sole director Vinay Madasu.
The regulator investigated after receiving a request for assistance from a casual retail assistant, a visa holder from India, who was employed at the supermarket between February 2020 and August 2021.
An FWO inspector issued a compliance notice to Om Shiva Foods in October 2022 after forming a belief that the worker had been underpaid minimum wages, and penalty and overtime rates for working weekends and public holidays.
FWO claimed that Om Shiva Foods, without reasonable excuse, failed to comply with the compliance notice, which required it to calculate and back-pay the worker’s entitlements.
A breach of pay slip laws is also alleged. It is alleged that the worker is owed more than A$68,000 and Madasu was involved in the contraventions.
The regulator said it would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers,” FWO Anna Booth said in a statement.
“Employers should also be aware that taking action to protect vulnerable workers like visa holders is a priority for the FWO. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
Om Shiva Foods faces a penalty of up to A$33,300 and Madasu faces a penalty of up to A6,660 for the alleged failure to comply with the compliance notice.
In addition, having allegedly failed to issue pay slips, the company faces a penalty of up to A$66,600 and Madasu up to A$13,320.
The regulator is also seeking an order for the company to rectify the alleged underpayment amount in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on December 4.
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