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Melbourne bar accused of underpaying British bartender

A rooftop cocktail bar in Melbourne is facing legal action and hefty fines from the ombudsman after allegedly underpaying a British bartender.

Patrons enjoy a drink at The Red Hummingbird bar in Russell St.
Patrons enjoy a drink at The Red Hummingbird bar in Russell St.

The operators of a rooftop cocktail bar in Melbourne are being taken to court for allegedly underpaying a British bartender.

The Fair Work Ombudsman has launched legal action against C & H Entertainment Pty Ltd, which operates The Red Hummingbird bar in Melbourne’s CBD, as well as its company director Don Haris Kumarage and manager Channa Dissanayake.

It alleges the company breached the Fair Work Act by failing to backpay the worker after they were underpaid casual loading and penalty rates for weekend, public holiday, early morning and late-night shifts.

A British backpacker sought help from the ombudsman after allegedly being underpaid for her work at The Red Hummingbird.
A British backpacker sought help from the ombudsman after allegedly being underpaid for her work at The Red Hummingbird.
The Red Hummingbird bar in Russell St is facing legal action after allegedly underpaying a bartender.
The Red Hummingbird bar in Russell St is facing legal action after allegedly underpaying a bartender.

The company also allegedly breached record-keeping and pay slip laws.

The bartender, a British national in Australia on a working holiday visa, approached the watchdog for help.

“The Fair Work Ombudsman takes alleged underpayments of migrant workers particularly seriously, as we know they can often be vulnerable due to their visa status, and will continue to use all its enforcement tools to ensure employers meet their lawful obligations,” it said in a statement on Friday.

“Employers should also be on notice of increased penalties for record-keeping and pay slip breaches, reflecting the integral role record-keeping plays in a compliant business.”

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The company faces a maximum penalty of $31,500 for failing to backpay the worker, as well as $63,000 for each record-keeping and pay slip breach. A directions hearing has been listed in the Federal Circuit Court in Melbourne for March 2.

AAP

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Original URL: https://www.heraldsun.com.au/news/victoria/melbourne-bar-accused-of-underpaying-british-bartender/news-story/419513e02cc20cc6831a58f4fa954dda