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.
Among the 313 respondents from the US and India, more than half said they often do cyberbullying while only 6 per cent said they had never committed cyberbullying. Educated and married people, irrespective of their gender, were most likely to commit cyberbullying more frequently, but demographics were not the only factors at play.
Hashim Aziz was driving at over three times the speed limit to "impress his cousins" when his Audi A3 crashed into Baljinder Kaur Moore's Vauxhall Corsa in West Midlands, in November last year, the Mirror reported. Baljinder, 32, was on her way to pick up her husband from his brother's home, and she was driving at 62 mph.
From January 1, 2011 to December 31, 2016, Pandya knowingly submitted false claims to federal healthcare programmes for medically unnecessary cataract extraction surgeries and YAG laser capsulotomies, according to a Justice Department release.
Stakeholders say they expect the summit to produce an agreement that will allow Canada's Nexus enrolment centres to reopen, with interviews with U.S. border agents taking place at Canadian airport facilities that already provide preclearance services for travellers heading stateside.
A man is in custody due to possible links with at least one shooting at the homes or offices of Democratic officials in Albuquerque, the largest city in the US state of New Mexico. The unidentified suspect, who is said to be under 50, has not been formally charged in any of the cases.
Narkkeeran Arasan, 45, who pleaded guilty to one count of trafficking controlled drugs, admitted during the probe that he was facing financial stress and wanted to sell cannabis to get fast cash, The Straits Times reported. The Central Narcotics Bureau acted on information received and arrested Narkkeeran in Woodlands while he was a passenger in a Grab car on April 12, 2021.
