Popular Sydney restaurant to face court
A popular Sydney restaurant is alleged to have underpaid six workers by almost $90,000 and shown false pay records to workplace inspectors.
The Fair Work Ombudsman has started legal action against the owner-operators of Mamak, a Malaysian eatery in Sydney's central Haymarket district, for allegedly short-changing the casual workers by $87,349 between February 2012 and April 2015.
The six staff, who worked as waiters, were all from non-English speaking backgrounds.
Five were on visas: four on international student visas and one on a bridging visa, Fair Work said.
One worker was allegedly underpaid by $26,793 and a second worker by $21,538, Fair Work said.
The ombudsman has alleged the workers were paid as little as $11 an hour, while under the restaurant award adults should be paid more than $22 an hour and juniors more than $13 an hour.
The outstanding entitlements have been reimbursed.
The ombudsman is also taking action over alleged false pay records.
"Fair Work inspectors were allegedly provided with false records that made it appear that higher rates had been paid to one employee than was actually the case," the ombudsman's statement said.
The restaurant owners, named as Joon Hoe Lee, Julian Lee and Alan Wing-Keung Au, face penalties of up to $10,200 per contravention of workplace laws while the company, Mamak Pty Ltd, faces penalties of up to $51,000 per contravention.
The Fair Work Ombudsman is also seeking an injunction restraining the owners from future workplace law breaches and orders for training on workplace relations laws.
A directions hearing will take place in Sydney's Federal Circuit Court on February 5.
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