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.
Haley, born Nimrata 'Nikki' Randhawa, announced her bid in a video message in which she touts her unique upbringing as an Indian American, which made her acutely conscious and representative of America's diversity. She speaks about her achievements as South Carolina Governor and foreign policy chops earned as Ambassador to the UN.
The San Francisco judge said that Facebook relied on "delay, misdirection, and frivolous arguments" to make the litigation unfairly difficult and expensive. "Perhaps realising they had no real argument for withholding these documents, Facebook and Gibson Dunn contorted various statements" of opposing lawyers and the court acebeyond recognition," Chhabria wrote, according to Bloomberg.
In total, the division recovered $17,173 in back wages for 12 Beaconshire Nursing Center employees, $14,205 in back wages for 21 employees at Westwood Nursing Center and $3,133 in back wages for 12 employees at Chesaning Nursing Center.
Sree Likitha Pinnam, a computer science student at Wichita State University in Kansas, was traveling with her friends on the night of January 30 when the accident took place on a highway, some 15 minutes away from Bentonville, Arkansas.
Balbir Mahay, who came to the US in 1999, was there when the tragedy struck the Sikh temple nearly 11 years ago to support members of the Sikh community. Mahay is also a member of the gurdwara, and "that connection was especially helpful during the mass shooting at the temple", WISN TV reported.
