WS Natural Food, operator of Southport Korean restaurant Sogongdong Tofu House, underpaid workers

A former Gold Coast restaurant operator has been hit with a massive fine for failing to back pay three international workers.

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A FORMER Gold Coast restaurant operator has been hit with a massive fine after failing to back pay three international workers.

Seouk Woong Hong, who formerly operated Korean restaurant Sogongdong Tofu House at Southport, was fined $3396.60 in the Federal Circuit Court.

Hong was fined after failing to back pay entitlements to three Korean employees working on holiday visas.

The Fair Work Ombudsman investigated Hong after receiving requests for help from the former employees aged 21 to 22 at the time.

Sogongdong Tofu House on Nerang Street at Southport.

A spokesman said a Fair Work inspector issued a Compliance Notice in May 2020 after finding the three former employees, all food and beverage attendants, had been underpaid their entitlements under the Restaurant Industry Award 2010.

“The inspector believed the employees had been underpaid their minimum wage rates, casual loadings and penalty rates for weekend and public holiday for short periods of work performed between June and October 2019,” he said.

“The court made orders allowing the penalty to be paid to the three former employees to partially rectify the underpayments, which remain outstanding.”

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Acting Fair Work Ombudsman Michael Campbell said individual business operators involved in failing to act on Compliance Notices needed to be aware they could face court-imposed penalties.

“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Mr Campbell said.

“Improving compliance in the restaurant, cafe and fast food sector will remain a key priority for the Fair Work Ombudsman throughout 2021-22.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

Employers and employees can visit fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50.

Gold Coast restaurant accused of ripping off staff

November 6, 2020

A GOLD Coast Korean restaurant is in hot water after it allegedly took advantage of a trio of international workers on holiday visas.

The Fair Work Ombudsman alleges WS Natural Food Pty Ltd, which runs Southport Korean restaurant Sogongdong Tofu House, underpaid the workers their minimum wage rates.

WS Natural Food and sole director Seouk Woong Hong has also been accused of underpaying the food and beverage attendants weekend and public holiday casual loading and penalty rates for short periods of work performed between June-October last year.

Sogongdong Tofu House on Nerang Street in Southport.

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The ombudsman stated its investigation was launched after it was asked to assist by former workers of the Nerang Street venue.

It’s stated the three workers were aged between 21-22 at the time of the underpayment.

The ombudsman claims the company failed to comply with a Compliance Notice issued in May this year without a reasonable excuse.

The notice directed the company to calculate and back-pay staff entitlements.

The ombudsman stated it tried to take a “proportionate approach to regulation” in the COVID-19 pandemic and made “several attempts” to get the company to voluntarily comply before launching court proceedings.

Mr Hong faces a maximum penalty of $6300 and WS Natural Food could be hit with a $31,500 fine.

The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying underpayments in full, plus superannuation and interest.

A directions hearing is listed in the Federal Circuit Court in Brisbane for November 19.

Sogongdong Tofu House could not be reached by phone on Friday morning.

WS Natural Food Pty Ltd has been accused of underpaying three Korean workers on holiday visas.

The restaurant has a 4.2 rating on Google from more than 80 public reviews.

Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests were allegedly not complied with.

“Under the Fair Work Act, Compliance Notices are important tools used by inspectors if they form a belief that an employer has breached workplace laws,” she said.

“Where employers do not comply with our requests, we will take appropriate action to protect employees.

“A court can order the business to pay penalties in addition to back-paying workers.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

>>Workers can phone the Fair Work Infoline on 13 13 94 for advice and assistance about rights and obligations in the workplace. A free interpreter service is available on 13 14 50.

Luke Mortimer