Operator of FunTea facing legal action after workers were allegedly underpaid nearly $187,000
The operator of FunTea, where video of a young worker’s assault went viral this year, is now facing legal action for allegedly ripping off 20 of its workers.
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The operator of an Adelaide bubble tea outlet where a young worker was assaulted earlier this year is facing legal action over claims she and 19 other employees were allegedly underpaid nearly $187,000.
The Fair Work Ombudsman is taking action Yuxuan Group, which runs three Fun Tea stores, and the chain’s director, Yang Su, after workers were allegedly paid flat rates as low as $10 per hour.
Employees were also underpaid penalty rates for evenings weekends, public holidays and overtime work, as well as superannuation, a statement of claim filed in the Federal Court claims.
It is also alleged staff were not allowed meal breaks or the minimum engagement requirements, meaning their rostered shifts were too short.
The breaches allegedly occurred during a two-week period in August 2019 and a nine-month period beginning in April 2020.
It is alleged the group underpaid workers across the stores $186,895, and breached record-keeping and pay slip laws, while Ms Su was allegedly involved in the record-keeping and pay slip breaches.
Several of the workers involved were visa holders, including international students, and four were aged under 21.
One of those is a young woman who was slapped in the face when the complained about being underpaid.
Lei “Gavin” Guo pleaded guilty to the assault in June and was last month handed a conviction but spared jail.
A video of the assault was posted to social media and has been viewed tens of millions of times.
Fair Work Ombudsman Sandra Parker said matters involving the alleged underpayment of visa holders were serious, and such workers are vulnerable to workplace exploitation.
“The Fair Work Ombudsman will hold business operators to account when we encounter allegations that involve vulnerable workers,” she said.
“All workers have the same rights in Australia regardless of nationality or visa status.
“Employers also need to be aware that compliance in the fast food, restaurant and cafe sector continues to be a priority for the FWO.”
A hearing will be held in the Federal Court in November.
No defence has been filed.
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