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Restaurant operators face Court over underpayment and dismissal by text message

Queensland restaurant will face Federal Court for allegedly underpaying an international student by approximately $2000 and terminating their employme
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Restaurant operators face Court over underpayment and dismissal by text message

12 April 2016

A Queensland island resort will face the Federal Court for allegedly underpaying an international student by approximately $2000 and terminating their employment by text message.

The restaurant failed to pay the student during their two weeks of work, or on termination of their employment. The employer did not pay for ordinary hours, Saturday and Sunday penalty rates or evening shift penalty rates, overtime and leave loading.

The employee was entitled to $1963 of pay and the payment was rectified almost a year after the payments were due.

However the restaurant faces contraventions of firing the employee due to inquiring and making complaints regarding their rights and entitlement to minimum wage.

Fair Work Ombudsman Natalie James states “employees should feel safe in the knowledge that they will not suffer a detriment or lose their job for asking to be paid in accordance with the law.”

“There are minimum pay rates, they apply to everyone and they are not negotiable.”

There are a range of services that can help ensure you’re doing the right thing and fulfilling your employer obligations:

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Why Care?:

  • Lodging a claim is cheap as chips - only $68.60
  • 75% of unfair dismissal claims result in compensation payments
  • Legal fees can range from $2,000 - $4,000 a week


Even if you believe that you're doing the right thing by your employees, it may still not be enough to avoid a workplace claim by the employee.



 

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