Fair Work Ombudsman
Citation: FWO-2023-10-04-shiva-foods-litigation-media-release
At a glance
- Penalty
- $68,000
- Employees affected
- 1
- Awards cited
- MA000047
What happened
The Fair Work Ombudsman has commenced legal action against Om Shiva Foods Pty Ltd, trading as Wulagi Supermarket, and its sole director, Vinay Madasu. The action follows a request for assistance from a casual retail assistant, a visa holder from India, who worked at the supermarket between February 2020 and August 2021. A Fair Work Inspector issued a Compliance Notice in October 2022, alleging the worker was underpaid minimum wages, penalty rates, and overtime for weekend and public holiday work. The worker is alleged to be owed more than $68,000. The company also allegedly breached pay slip laws and failed to comply with the Compliance Notice.
What was decided
The Fair Work Ombudsman is seeking penalties against Om Shiva Foods and Vinay Madasu for failing to comply with the Compliance Notice and for alleged breaches of pay slip laws. Om Shiva Foods faces penalties of up to $33,300 for failing to comply with the Compliance Notice and up to $66,600 for failing to issue pay slips. Vinay Madasu faces penalties of up to $6,660 for failing to comply with the Compliance Notice and up to $13,320 for failing to issue pay slips. The FWO is also seeking an order for the company to rectify the alleged underpayment, including interest and superannuation. A directions hearing is scheduled for December 4, 2023.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Employers should be particularly aware of their obligations to vulnerable workers, such as visa holders, and ensure they are receiving correct pay and entitlements. Employers can access free online courses and resources to understand Compliance Notices and their obligations.
What it means for employees
Employees, especially visa holders, should seek assistance from the Fair Work Ombudsman if they believe they have been underpaid or are not receiving their correct entitlements. The Assurance Protocol protects visa holders from having their visas cancelled when seeking help from the FWO.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/october-2023/20231004-shiva-foods-litigation-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 →