Fair Work Ombudsman
At a glance
- The Easy Vaping Company Pty Ltd
- $13,000
- 1
What happened
The Fair Work Ombudsman commenced legal action against The Easy Vaping Company Pty Ltd, its sole director Kate Dillon Chan, and her husband Edward Chan. This followed a request for assistance from a Chinese worker who held a 457 skilled work visa and worked as a marketing specialist for the company between 2017 and 2020. The worker alleges he was required to repay $13,000 of his wages and entitlements between July 2017 and March 2018. It is alleged the company pressured the worker to comply by stating they could not afford the minimum annual wage for his position. The company has since back-paid the worker.
What was decided
The Fair Work Ombudsman alleges The Easy Vaping Company Pty Ltd and its directors breached the Fair Work Act through the alleged unlawful cashback arrangement. The company faces a potential penalty of up to $63,000, while each director faces a potential penalty of up to $12,600. A directions hearing is scheduled in the Federal Circuit and Family Court. The Fair Work Ombudsman emphasises that all workers, regardless of visa status, are entitled to the same rights and protections.
What it means for employers
Employers must ensure all employees, including those on visas, receive their full legal entitlements and are paid correctly. Requiring employees to return wages or entitlements is unlawful and can result in significant penalties. Employers should be aware of minimum wage requirements and ensure they can afford to pay them.
What it means for employees
Employees, particularly those on visas, have the right to receive their full wages and entitlements. If an employer pressures you to return wages or makes threats regarding your visa status, seek assistance from the Fair Work Ombudsman or a union.
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