Fair Work Ombudsman
At a glance
- Delishesco Pty Ltd
- $355,000
- 34
- MA000173
What happened
Delishesco Pty Ltd, which operates 'Moga Izakaya & Sushi' in Paddington, Brisbane, and its sole director Yinan Yang, deliberately underpaid 34 employees between December 2018 and March 2019. The employees, many of whom were visa holders from China, Japan, Korea, and Thailand, were paid as little as $16 an hour. The company falsified records during a Fair Work Ombudsman investigation. One worker contacted the Fair Work Ombudsman alleging underpayment.
What was decided
The Federal Circuit and Family Court imposed a $305,000 penalty against Delishesco Pty Ltd and a $50,000 penalty against Yinan Yang. The court found the underpayments were part of a systematic pattern and involved serious contraventions of workplace laws. The total penalty of $355,000 is among the highest secured by the Fair Work Ombudsman nationally. Delishesco back-paid the workers after legal action commenced. Judge Vasta emphasised the need for deterrence.
What it means for employers
Employers must comply with workplace laws and pay entitlements. Deliberately underpaying employees, especially vulnerable workers, and falsifying records carries significant penalties. The Fair Work Ombudsman will use all available powers to hold employers accountable for exploitation.
What it means for employees
Employees, regardless of visa status or nationality, have the same workplace rights. Workers experiencing underpayment or other workplace issues should contact the Fair Work Ombudsman for free assistance. The Assurance Protocol protects visa holders who seek help.
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