Owners of Little India, Hobart to face court after Fair Work allege $63k in underpayment

Owners of an inner-city takeaway restaurant will face court after allegedly underpaying their staff – including a teenager and an international student – $63,000. DETAILS >>

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OWNERS of an Indian restaurant will face court after allegedly underpaying their staff – including a teenager – $63,000.

Married couple Satchithanantha Chelliah and Mahesvery Toolseram, who operate Little India on Harrington St, Hobart are set to face court after the Fair Work Ombudsman alleged they underpaid 17 staff.

Workers received unlawfully low flat rates, the FWO claims in documents tendered to the Federal Circuit Court, and the employees included an international student and two young workers, aged 18 and 20.

Fair Work Ombudsman Sandra Parker said that inspectors commenced their investigation into

Little India after receiving a request for assistance from an employee.

Little India Restaurant at Harrington Street, Hobart. Picture Chris Kidd

“Employers need to be aware that improving compliance in the fast food, restaurant and cafe

sector continues to be a priority for the Fair Work Ombudsman,” Ms Parker said.

“Businesses are on notice that they must pay all workers according to Australia’s lawful minimum pay rates or risk facing legal action from the regulator.

“We prioritise investigating matters involving young and migrant workers. Any workers with

concerns about their rights should contact us for free advice and assistance.”

It is alleged that inspectors discovered the affected employees were paid flat rates that did not meet entitlements owed under the Fast Food Industry Award 2010, including minimum wages, casual loading, and penalty rates for weekend and public holiday work.

Little India Restaurant at Harrington Street, Hobart. Picture Chris Kidd

Alleged individual underpayments range from $270 to $15,224. The alleged underpayments have been rectified in full.

It is also alleged that the largest individual underpayment occurred between July 2017 and June 2019, with other employees underpaid between January and June 2019.

Record-keeping and pay slip contraventions are also alleged.

Mr Chelliah and Ms Toolseram face maximum penalties of up to $12,600 for each contravention if proven.

The FWO is also seeking orders for Mr Chelliah and Ms Toolseram to submit an independent audit of wage payment practices and undertake training.

The matter is listed for a directions hearing in the Federal Circuit Court in Hobart on December 3, 2020.

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