Cairns restaurant penalised more than $168k for ripping off worker

The former operators of a Cairns restaurant have been penalised $168,924 for ripping off a visa worker from Japan.

The employee was underpaid a total of $33,693 by the Cairns business.

The former operators of a Cairns restaurant have been penalised $168,924 for ripping off $33,000 in entitlements from a female Japanese visa worker it sponsored to work as a waitress and manager.

Poisson Pty Ltd, which formerly operated the Mature Yogo restaurant at ‘The Pier’ precinct has been penalised $142,144 and company director and former manager Miyuki Yogo penalised $26,780.

In imposing the penalties, Federal Circuit Court judge John Middleton said: “There is a need to show there are serious consequences for failing to comply with Commonwealth workplace laws”.

“It is important that the community and employers understand that employees must be provided with their correct entitlements and that there must be accurate and compliant record keeping,” he said.

Judge Middleton found the considerable underpayment of entitlements had been aggravated by the failure to issue pay slips and keep employment records.

The company and Ms Yogo underpaid the employee who was employed as a waitress and later as a manager. The employee was sponsored by Poisson on a 187 Regional Sponsored Migration Visa for part of her employment.

Between May 2012 and April 2015, she was paid flat rates ranging from $17 to $19 for all hours worked, including for evening, weekend and public holiday work.

This resulted in underpayment of the minimum hourly rates, casual loadings, shift allowances, overtime rates, annual leave entitlements and penalty rates she was entitled to under the Restaurant Industry Award.

The employee was underpaid a total of $33,693, which has been rectified.

The employer also breached workplace laws by failing to issue pay slips to the employee and by failing to keep employment records.

Fair Work Ombudsman Sandra Parker said inspectors investigated after the employee lodged a request for assistance.

“The Court’s penalty sends a strong message to businesses that underpaying entitlements of migrant workers is serious conduct that will not be tolerated.”

“If an employer is paying workers flat rates that undercut the applicable minimum Award rates, they are breaching Australia’s workplace laws and will face consequences,” Ms Parker said.

Ms Parker said it was concerning that this is another case involving a restaurant.

“Improving compliance in the restaurant, cafe and fast food sector continues to be a priority for the Fair Work Ombudsman, where labour costs and the temptation to underpay are high.’