A backpacker who held a working holiday visa and who worked as restaurant manager, chef, waiter and bookkeeper was back paid $18,812 in outstanding wages and entitlements through the intervention of the
Fair Work Ombudsman.
The backpacker was the sole employee of the restaurant in Hobart.
Employee and employer were able to settle their issues after the worker sought the help of the Fair Work Ombudsman.
“In this instance, we were able to assist the employee to recover his owed entitlements quickly and in full, without the need for lengthy and costly court proceedings,” Acting Fair Work Ombudsman Kristen Hannah said.
“This was the first time this business had come to our attention, but it is now on notice that further workplace breaches will not be tolerated.”
The employee worked 10 hours a day, seven days a week but was paid only $900 per week with a $175 deduction for purported visa sponsorship arrangements.
These translated to rates as low as $10.36 an hour, when he was entitle to a minimum hourly rate of $24.25 on regular days, $29.34 on Saturdays, $34.23 on Sundays and $48.90 on public holidays under the Restaurant Industry Award 2010 in force at the time.
The worker opened and closed the business, cooked meals, served customer and managed the business’ accounts. He was allowed an off day every second Sunday and a ten-minute break during shifts if there were no customers.
He did not receive a payslip during the entire period of his employment; the business kept no record of his employment whatsoever.
Hannah said the agency was focused on securing the best possible outcome for those who request assistance.
There is a wealth of free information available in the Fair Work Ombudsman’s website if businesses are unsure of their obligations, she added.
“We welcome the penalty increase for employers who fail to meet their record-keeping obligations, although we would prefer if business operators did the right thing from the outset,” she said.
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