Fair Work Ombudsman
Citation: FWO-2022-03-03-sushi-bay-litigation-media-release
At a glance
- Penalty
- $650,000
- Employees affected
- 163
- Awards cited
- MA000010
What happened
The Fair Work Ombudsman has commenced legal action against Sushi Bay Pty Ltd, Sushi Bay ACT Pty Ltd, Auskobay Pty Ltd, Auskoja Pty Ltd, and Yi Jeong ‘Rebecca’ Shin, the owner and sole director of the companies. The companies allegedly underpaid 163 workers, primarily Korean nationals on various visas, a total of $656,141 between February 2016 and January 2020. The alleged underpayments occurred across Sushi Bay outlets in New South Wales, Darwin, and Canberra. Some workers were subjected to a cashback arrangement and records were allegedly falsified. Previous penalties were issued to Ms Shin and Sushi Bay ACT in 2019 for underpaying migrant workers.
What was decided
The Fair Work Ombudsman is seeking penalties against Ms Shin and the companies for multiple alleged breaches of workplace laws. The regulator alleges the conduct was systemic and repeated, potentially classifying some breaches as ‘serious contraventions’ which attract higher penalties. The Ombudsman aims to hold individuals and companies accountable for underpaying vulnerable workers. The case highlights the Fair Work Ombudsman’s focus on protecting vulnerable workers and improving compliance in the fast food, restaurant, and café sector.
What it means for employers
Employers, particularly in the fast food, restaurant, and café sectors, must ensure compliance with workplace laws. This includes accurately calculating and paying overtime, penalty rates, minimum wages, and annual leave entitlements. Maintaining accurate records and avoiding arrangements like cashbacks from wages is crucial. Prior penalties do not guarantee immunity from further action.
What it means for employees
Employees, especially young and migrant workers, should be aware of their workplace entitlements and feel comfortable raising concerns about potential underpayments. The Fair Work Ombudsman encourages workers with concerns to contact them for assistance.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/march-2022/20220303-sushi-bay-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →