An Indian-origin couple, former owners of a Brisbane cafe, have been fined over $180,000 after illegally forcing an Indian employee in Australia to hand back his wages and threatening to have his 457 visa cancelled unless he complied.
Federal Court judge Michael Jarrett fined Saandeep Chokhani $30,000 and imposed a further $150,000 penalty against the company he and his wife owned over the unlawful cash-back arrangement, SBS Television network reported on Monday.
The court found Chokhani, who until May had owned and operated the Coffee Club at Nundah, had failed to pay the Indian national wages for four months from July to November 2014 and for another four weeks in early 2015.
He then transferred $19,300 to the worker, only to ask him to pay back $18,000 and in 2015, threatened to have the worker's 457 visa cancelled unless he complied, according to the report.
Justice Jarrett said the worker felt he did not have any choice but to pay the money, and Chokhani's behaviour was "especially egregious".
"He could not leave his employment because if he did so he would breach a condition of his visa and his ability to remain in Australia would be seriously compromised. He was effectively working for nothing," Justice Jarrett said.
