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.
In its judgement on Wednesday, Pakistan's Supreme Court observed that the prosecution has failed to prove beyond reasonable doubt that the letters, which became the basis of blasphemy allegations against Mr Hassan, were actually written by him, and consequently rejected the case.
In a startling revelation into the case of the Pakistani Hindu medical student Nimrita Kumari's mysterious death, it has come to light that the deceased was in touch with her classmate Mehran Abro before her death.
Quoting Ayob Khan Mydin, Assistant Director of Malaysian Police's counter-terrorism division, the report said the 38-year-old Indian woman, who worked as a cleaner, was a member of the secessionist Sikhs For Justice (SFJ) group.
Even as he backed India's position on Pakistan-sponsored terror, US President Donald Trump on Tuesday "encouraged" Prime Minister Narendra Modi to improve relations with Islamabad and also "fulfil his promises" to better the lives of the Kashmiri people.
Prime Minister Narendra Modi told US President Donald Trump that India is not shying away from talks with Pakistan, but for that it expects Islamabad to take some concrete steps, which has not happened.
