Former Cheltenham Crust Pizza owner allegedly ripped off student staff
THE former owner of a Crust Gourmet Pizza Bar store in Melbourne’s southeast in hot water after allegedly ripping off several non-English speaking students.
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A FORMER Cheltenham pizza shop franchisee who allegedly underpaid several staff, including some on student visas who spoke little English, has been ordered to front court.
Former Crust Gourmet Pizza Bar operator Chern Ming “Rick” Lee will appear in the Federal Circuit Court after the Fair Work Ombudsman started legal action against him and his company Desire Foods Pty Ltd earlier this month.
The Ombudsman alleged Lee underpaid seven employees a total of $35,725 between October 2013 and August 2017.
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The employees, three of which were on student visas, worked for Mr Lee as delivery drivers or pizza makers.
One employee was only 17 when the alleged conduct occurred.
The Ombudsman investigated Mr Lee after one of his former employees requested assistance.
It’s alleged Mr Lee failed to pay minimum ordinary hourly rates, casual loadings, annual leave entitlements, a special clothing allowance and penalty rates for night-time, weekend and public holiday work.
It’s also alleged Mr Lee and his company Desire Food Pty Ltd provided inspectors with false and misleading records.
Desire Food Pty Ltd faces penalties of up to $63,000 per breach while Mr Lee faces penalties of up to $12,600 per breach.
Mr Lee no longer owns the Cheltenham store and there are no allegations against the shop’s current owners.
Neither Mr Lee nor Desire Food Pty Ltd could be reached for comment.
“We have a strong focus on protecting the workplace rights of vulnerable workers in Australia,” Fair Work Ombudsman Sandra Parker said.
“We are conscious that age, language and cultural barriers, a lack of awareness about workplace entitlements and a reluctance to complain can create difficulties for some workers.
“More broadly, it is a priority for the Fair Work Ombudsman to ensure that fast food, restaurant and cafe workers receive their correct wages and entitlements.”
A directions hearing has been scheduled for October 29 at the Federal Circuit Court in Hobart.
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