Fair Work sues Wulagi Supermarket and owner Vinay Madasu for alleged underpayment of worker

The owner of an Indian supermarket in Darwin’s north is being taken to court after allegedly underpaying a worker on a foreign visa more than $68,000 in less than two years.

The Fair Work Ombudsman has launched legal action against Wulagi Supermarket and owner Vinay Madasu for allegedly underpaying a foreign visa holder working at the store. Picture: Floss Adams.

The owner of an Indian supermarket in Darwin’s north is being sued for allegedly underpaying a worker on a foreign visa more than $68,000 over 19 months.

Wulagi Supermarket director Vinay Madasu allegedly failed to pay a casual retail assistant, an Indian national, the equivalent of $870 a week between February 2020 and August 2021.

The Fair Work Ombudsman commenced legal action against Mr Madasu and the supermarket’s registered company Om Shiva Foods Pty Ltd after a compliance notice to calculate and back-pay the worker’s entitlements was allegedly ignored.

If found guilty Mr Madasu and Om Shiva Foods could be forced to pay the worker’s dues as well as $120,000 in fines.

Investigations into the business began after the worker contacted the workplace watchdog for help.

The compliance notice was issued in October last year after the regulator found evidence suggesting the worker had been underpaid minimum wages, overtime and penalty rates.

If found guilty Wulagi supermarket and owner Vinay Madasu could face up to $120,000 in fines. Picture: Floss Adams.

Fair Work alleged Om Shiva Foods and Mr Madasu failed to comply with the notice, and also breached play slip laws.

“Where employers do not comply, we will take appropriate action to protect employees,” Fair Work Ombudsman Anna Booth said.

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

“Employers should also be aware that taking action to protect vulnerable workers like visa holders is a priority for the Fair Work Ombudsman.

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

Om Shiva Foods faces a penalty of up to $33,300 and Mr Madasu could be fined up to $6660 for the alleged failure to comply with the Compliance Notice.

For the alleged failure to issue pay slips Om Shiva Foods could be forced to pay up to $66,600 and Mr Madasu up to $13,320.

The regulator is also seeking an order for the company to back-pay the worker in full, plus interest and superannuation.

The case is scheduled for a directions hearing at the Federal Circuit and Family Court in Brisbane on December 4.

Originally published as Fair Work sues Wulagi Supermarket and owner Vinay Madasu for alleged underpayment of worker