Fair Work Ombudsman
Citation: FWO-2024-04-10-dtf-world-square-penalty-media-release
At a glance
- Respondent
- DTF World Square Pty Ltd
- Penalty
- $4,000,000
- Employees affected
- 17
- Awards cited
- MA000173
What happened
DTF World Square Pty Ltd and Selden Farlane Lachlan Investments Pty Ltd, former operators of Din Tai Fung restaurants in Sydney and Melbourne, have been penalized for underpaying vulnerable migrant workers. The Fair Work Ombudsman secured $4 million in penalties against the companies and $200,000 against two former managers, Hannah Handoko and Sinthiana Parmenas. Seventeen employees, primarily visa holders from Indonesia and China, were underpaid a total of $157,025. The underpayments related to the Restaurant Industry Award 2010, including casual loading, weekend, and public holiday penalty rates. Some employees were under 26 and four were sponsored by DTF World Square Pty Ltd.
What was decided
The Federal Court imposed penalties of $1.99 million against DTF World Square Pty Ltd, $1.89 million against Selden Farlane Lachlan Investments Pty Ltd, $92,232 against Hannah Handoko, and $105,084 against Sinthiana Parmenas. The court found the companies deliberately underpaid employees and created false records to conceal the underpayments. Justice Anna Katzmann described the conduct as “a calculated scheme to rob employees of their hard-earned wages”. The penalties are the second-highest ever secured by the Fair Work Ombudsman. The court found five contraventions were 'serious contraventions' attracting increased penalties.
What it means for employers
Employers must ensure they comply with lawful minimum rates and provide all employees with their correct entitlements, regardless of visa status. Maintaining accurate records and avoiding deceptive practices is crucial. Taking action to protect vulnerable workers and improve compliance is a priority for the Fair Work Ombudsman. Serious consequences, including significant penalties, await businesses engaging in calculated and systematic wage theft.
What it means for employees
Employees, particularly visa holders, have the same rights regardless of their nationality or visa status. If you have concerns about your pay or entitlements, contact the Fair Work Ombudsman for free assistance. Wage theft is not negotiable and you are entitled to be paid correctly.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/april-2024/20240410-dtf-world-square-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 →