Fair Work Ombudsman
Citation: FWO-2022-06-20-riddhi-siddhi-penalty-media-release
At a glance
- Respondent
- Riddhi Siddhi Pty Ltd
- Penalty
- $204,000
- Employees affected
- 1
What happened
The Fair Work Ombudsman investigated Riddhi Siddhi Pty Ltd, which operates a fast food outlet and commercial kitchen in Fortitude Valley, Brisbane, and its director, Ruchika Sharma. A Nepalese visa holder, employed as a casual kitchenhand from April 2018 to August 2019, requested assistance. The investigation revealed that Riddhi Siddhi made false records and provided them to Fair Work Inspectors. They also provided false payslips to an employee and failed to comply with a Compliance Notice. The worker was paid between $11 and $13 an hour and worked up to 66 hours per week. The company back-paid the worker $59,400 plus interest and superannuation after legal action commenced.
What was decided
The Federal Circuit and Family Court imposed a $185,000 penalty against Riddhi Siddhi Pty Ltd and an additional $19,000 penalty against Ruchika Sharma. The penalties were for making false records and failing to comply with a Compliance Notice. Judge Vasta found the conduct was a deception aimed at obstructing a Fair Work investigation. The court emphasised the need for a deterrent penalty to protect the fair industrial system. The worker's photographs of timesheets, public transport records, and a GPS-tracked phone were crucial in uncovering the scheme.
What it means for employers
Employers must ensure accurate record-keeping practices. Falsifying records to obstruct Fair Work investigations carries severe penalties. Employers should be aware of the Fair Work Ombudsman’s focus on protecting vulnerable workers, particularly visa holders, and improving compliance in the fast food sector.
What it means for employees
Employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Visa holders can seek help without fear of visa cancellation under the Assurance Protocol.
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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