Bakery operator penalised $60,480 for exploiting Indian worker in Australia
Darpan News Desk IANS, 23 May, 2023 11:45 AM
Melbourne, May 23 (IANS) An Australian court has imposed a penalty of $60,480 on a bakery operator in Melbourne for not giving back-pay entitlements to a worker from India, thus "taking advantage of the migrant worker's vulnerability".
The Federal Circuit and Family Court imposed a $50,400 penalty against Gothic Downs Pty Ltd, which operates Bakers Boutique & Patisserie outlets, and a $10,080 penalty against the company's sole director Giuseppe Conforto.
Judge Heather Riley inferred that the Indian worker, who was sponsored by Gothic Downs on a Temporary Work Skilled visa, was "vulnerable" and that the company and Conforto "took advantage of her vulnerability".
The penalties were imposed in response to Gothic Downs failing to comply with compliance notices issued by Australian regulatory authority Fair Work Ombudsman (FWO) in 2019.
The notices required the firm to calculate and back-pay entitlements to two workers, including an Indian, it employed at Bakers Boutique & Patisserie outlets in Meadow Heights and Caroline Springs between 2016 and 2018.
The FWO investigated after receiving requests for assistance from the two affected workers -- one of whom was a pastry cook and the other was a sales assistant.
The probe found that Gothic Downs had underpaid the workers' minimum wages, early morning shift rates, weekend and public holiday penalty rates and overtime rates under the General Retail Industry Award 2010, and one of the worker's leave entitlements under the Fair Work Act's National Employment Standards.
Judge Riley found that the breaches were deliberate and rejected the company and Conforto's claim that they were confused about how much was owing to the workers.
"To my mind, the respondents' protestations ring hollow, in circumstances where they did not pay even the minimum amounts that they conceded were owing until long after the compliance notices required rectification," Judge Riley said.
He said there was a need to impose penalties at a level to provide "an adequate deterrent" for the company and "others who may be tempted to behave as they have".
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
"Employers need to be aware that taking action to protect vulnerable workers like visa holders continues to be a priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance," she said.
Some tragic news coming out of Pakistan. A passenger train crashed into a bus carrying Sikh pilgrims at an unmanned railway crossing in eastern Pakistan killing 22 people.
Every economic sector around the globe has taken a hit during the COVID-19 pandemic but its the food industry that has experienced a major blow on the economic side. The United States, NPC International, the country's largest franchisee of Pizza Hut and Wendy's restaurants, has filed for bankruptcy
Atlantic City tried Prohibition once before. It worked so well that Nucky Johnson, the legendary politician and racketeer, built a Boardwalk empire immortalized on HBO nearly a century later.
The nation's top health officials are banking on a new approach to dramatically boost U.S. screening for the coronavirus: combining test samples in batches instead of running them one by one.
Experts are urging businesses across North America to keep their heads up and their eyes open as the U.S.-Mexico-Canada Agreement comes into force this week.
