Fair Work Ombudsman
At a glance
- Gami Chicken & Beer
- $40,000
- 16
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against Vanna Taing, Brandon Bui, and Gary Lai, former operators and a human resources employee of a Gami Chicken & Beer franchise outlet ('Gami-Southland') in Cheltenham, Melbourne. The legal action follows investigations beginning in 2019 and continuing in 2021, after receiving requests for assistance from workers. It is alleged that Taing, Bui, and Lai provided false pay slips to a Fair Work Inspector and failed to comply with a Compliance Notice regarding unpaid wages and entitlements for 16 kitchen and wait staff. The workers included two young employees (aged 17) and several visa holders. Approximately $40,000 in underpayments remains outstanding.
What was decided
The Fair Work Ombudsman is seeking penalties against Vanna Taing, Brandon Bui, and Gary Lai for allegedly providing false pay slips and failing to comply with a Compliance Notice. Taing and Bui also face penalties for failing to keep termination records. The total potential penalties amount to $33,300 across the three individuals. The FWO is also seeking an order requiring Taing and Bui to rectify the alleged underpayments in full, including interest and superannuation. A directions hearing is scheduled for August 3, 2023.
What it means for employers
Employers must ensure accurate pay records are maintained and provided to inspectors. Providing false records is a serious offence with significant penalties. Employers should be aware of the vulnerability of some workers, such as visa holders and young employees, and ensure they receive all lawful entitlements. Compliance with Compliance Notices is mandatory.
What it means for employees
Employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. Visa holders and young workers have protections available to them, allowing them to seek help without fear of visa cancellation.
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