Thai Square Warner’s Bayrestaurant owner accused of underpaying employees, some of whom were visa holders
The owner of a popular Lake Macquarie restaurant will head to court later this year to fight allegations he underpaid workers for almost a year
Newcastle
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A Lake Macquarie restaurant owner has been accused of underpaying his employees, some of whom were visa holders.
Supon Phiyasirikul, a sole trader who operates the Thai Square Warner’s Bay restaurant, will head to court later this year after failing to comply with a compliance notice.
The Fair Work Ombudsman was contacted by a former employee last year, and when officers investigated they allegedly found that between July 2018 and June 2019, Mr Phiyasirikul had underpaid minimum wage rates, casual loading, and overtime as well as weekend and public holiday penalty rates.
Despite being ordered to correctly calculate and back-pay alleged underpayments of his employees, he failed to do so.
Fair Work Ombudsman Sandra Parker said compliance notices are an important tool to recover unpaid wages, and they will be enforced where they are not followed.
“Under the Fair Work Act, inspectors can issue a compliance notice if they have are of the belief that an employer has breached certain workplace laws,” she said.
“Where employers do not comply with our notices, a court can order them to pay penalties in addition to back-paying any affected employees.
“The Fair Work Ombudsman is cracking down on alleged underpayments in the fast food, restaurant and cafe sector, including of migrant workers, and will continue to use all its enforcement tools to ensure employers meet their lawful obligations.”
Mr Phiyasirikul is facing a maximum penalty of $6,300.
The Ombudsman is also seeking a court order requiring Mr Phiyasirikul to comply with the compliance notice given, which includes rectifying the underpayments in full, plus superannuation and interest.
The matter will be held in the federal Circuit Court in Sydney on August 4.
The Newcastle News contacted Mr Phiyasirikul for comment, and has not yet received a response.