Fair Work Ombudsman
Citation: FWO-2022-06-24-jenny-global-penalty-media-release
At a glance
- Respondent
- Jenny Global Pty Ltd
- Penalty
- $108,000
- Employees affected
- 1
- Awards cited
- MA000153
What happened
Jenny Global Pty Ltd, formerly operating the Dae Bark Mart grocery store in Melbourne, has been penalized by the Federal Circuit and Family Court. A South Korean worker on a working holiday visa was employed as a retail assistant from January to May 2020. He was paid between $12 and $16 per hour, plus small cash payments, and did not receive payslips. The company also had previous links to Jenni International Pty Ltd and a former director, Jordan Shan, who were previously penalized for underpayments.
What was decided
Jenny Global Pty Ltd was ordered to pay $108,360 in penalties by the Federal Circuit and Family Court. The company must also backpay the worker $8,860, plus interest, for underpayment of minimum hourly rates, casual loading, overtime pay, and public holiday penalty rates under the General Retail Industry Award 2010. The court deemed the breaches 'serious' and noted the worker's vulnerability. Judge Catherine Symons highlighted the lack of corrective action taken by the respondent.
What it means for employers
Employers must ensure all workers, regardless of visa status, receive correct pay and entitlements. Failure to provide payslips is a breach. Companies with a history of underpayment face significant penalties and backpay orders. The Fair Work Ombudsman prioritizes protecting vulnerable workers.
What it means for employees
Visa holders have the same workplace rights as Australian citizens. Workers can seek free advice and assistance from the Fair Work Ombudsman without fear of visa repercussions through the Assurance Protocol. Workers are entitled to payslips within one day of being paid.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/june-2022/20220624-jenny-global-penalty-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 →