Fair Work Ombudsman
Citation: FWO-2022-05-25-shree-hari-litigation-media-release
At a glance
- Respondent
- Shree Hari Kishan Pty Ltd
- 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, the Respondent, 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 Applicant 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 the Respondent 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 the Respondent 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 the Respondent 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 the Respondent 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.
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This summary was drafted 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 →