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FWOFair Work Ombudsman · 24 May 2022

Fair Work Ombudsman

Citation: FWO-2022-05-25-shree-hari-litigation-media-release

At a glance

Penalty
$33,300
Employees affected
1
Awards cited
MA000123

What happened

The Fair Work Ombudsman has commenced legal action against Shree Hari Kishan Pty Ltd, which operates 'M Hair 'n' Beauty Studio' in Dandenong and formerly 'Multi Cut Hair and Beauty Salon' in Springvale. The company's sole director, Manoj Manoj, is also facing court. The action follows a request for assistance from an Indian worker employed as a full-time hairdresser between July 2019 and July 2020. The worker alleged underpayment of minimum wages, meal allowance, overtime rates, and penalty rates. A Compliance Notice was issued in March 2021, which was allegedly not complied with. The company and Mr Manoj are also accused of providing false or misleading records to a Fair Work inspector.

What was decided

The Fair Work Ombudsman is seeking penalties against Shree Hari Kishan Pty Ltd and Manoj Manoj for failing to comply with a Compliance Notice and providing false or misleading records. Shree Hari Kishan faces a potential penalty of up to $33,300, and Mr Manoj faces a potential penalty of up to $6,660 for the Compliance Notice breach. Further penalties of up to $66,600 for the company and $13,320 for Mr Manoj are sought for each instance of providing false records. The FWO also seeks an order for the company to rectify the alleged underpayment, including superannuation and interest. A directions hearing is scheduled for July 2022.

What it means for employers

Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Providing false or misleading information to a Fair Work inspector is a serious offence that can result in significant penalties. Employers should ensure accurate record-keeping practices are in place.

What it means for employees

Employees who believe they have been underpaid or are experiencing workplace issues should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.

underpaymentgeneral-protectionspenalty-ratescompliancesham-contracting

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/may-2022/20220525-shree-hari-litigation-media-release

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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 →

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