Fair Work Ombudsman
Citation: FWO-2023-03-24-kumar-penalty-media-release
At a glance
- Penalty
- $58,950
- Employees affected
- 1
What happened
Sushil Kumar, a former restaurant operator in Leederville, Western Australia, exploited a Bangladeshi cook who was working in Australia on a subclass 457 visa. The cook was recruited in 2015 and worked at the Bricklane British Curry House. Kumar required the cook to pay back cash from his wages, resulting in a total underpayment of $38,822. The cook also sustained a workplace injury and lodged a workers’ compensation claim. Kumar subsequently dismissed the cook and contacted immigration authorities about the termination.
What was decided
The Federal Circuit and Family Court imposed a penalty of $58,950 on Sushil Kumar for exploiting the cook and taking adverse action against him for lodging a workers’ compensation claim. The court also ordered Kumar to back-pay the cook $38,822. The judge found Kumar’s conduct was “highly organised, planned and deliberate” and that he attempted to mislead the court. The court emphasized the seriousness of exploiting vulnerable migrant workers.
What it means for employers
Employers must pay lawful minimum pay rates to all employees, regardless of visa status. They cannot require employees to pay back wages or take adverse action against workers who exercise their workplace rights, such as lodging a workers’ compensation claim. Employers should be aware that exploiting vulnerable workers carries significant penalties.
What it means for employees
Workers with concerns about their pay or entitlements should contact the Fair Work Ombudsman. Employees on temporary visas are entitled to the same workplace protections as Australian citizens and permanent residents.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/march-2023/20230324-kumar-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 →