HCM Cafe Fresh Q Lunch: Dandenong South cafe accused of underpaying staff
The company and owner behind a former cafe face heavy fines over allegations it paid a worker below the minimum award.
South East
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A Dandenong South cafe is in hot water after Fair Work lodged legal action against it, alleging the shop underpaid a worker and failed to comply with a back payment notice.
A Fair Work investigation into HCM Cafe Fresh Q Lunch, operated by The Carers Portland Inc, started after a worker submitted a claim they had been underpaid between January and May in 2021.
A compliance notice was issued to the company and its secretary, Thi Hai Duong Luong, in December after it was believed the worker was underpaid wages and annual leave entitlements.
Fair Work ombudsman Sandra Parker alleges The Carers Portland Inc failed to comply with the notice which required it to calculate and back-pay the worker’s entitlements.
It is alleged the worker is owed $1879 plus superannuation.
Ms Parker is seeking penalties for the alleged failure to comply, and the company is facing penalties of up to $33,000 while Ms Luong is facing a potential $6660 fine.
The regulator is also seeking an order for The Carers Portland Inc to comply with the initial notice by rectifying the alleged underpayment in full plus super and interest.
Ms Luong told Leader she rejected the allegations as she had signed a three-month contract with the government for the NDIS employee.
She also claims the worker caused damage to some of her equipment which left her out of pocket, but she always paid her correctly.
“She damaged some equipment which cost $1500 to repair, but I just put that down as wear and tear,” she said.
“I paid her $19.87/hr even though she wasn’t a permanent employee. I’m a lawyer so I keep all the records and I have all the documents.”
Ms Luong said the employee was sent home on a Friday on May 4 due to a government mandate, but then never returned for work on Monday.
“On Monday I expected her to come back, but she didn't and I worked alone, then she sued me,” she said.
HCM Fresh Cafe Q Lunch is now permanently closed.
The matter is listed for a directions hearing in the Federal Circuit and Family Court in Melbourne on November 8.
alice.barker@news.com.au
