Fair Work Ombudsman
Citation: FWO-2024-09-18-om-shiva-penalty-media-release
At a glance
- Respondent
- Om Shiva Foods Pty Ltd
- Penalty
- $100,000
- Employees affected
- 1
What happened
Om Shiva Foods Pty Ltd, trading as Wulagi Supermarket in Darwin, and its sole director Vinay Madasu, have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment and record-keeping breaches affecting a casual retail assistant, an Indian national on a temporary graduate visa, employed between February 2020 and August 2021. A Compliance Notice issued in October 2022 was not followed. The worker was underpaid minimum wages, penalty rates, and overtime rates.
What was decided
The Court imposed a $39,960 penalty on Om Shiva Foods and a $7,992 penalty on Vinay Madasu. The company was also ordered to rectify a $68,970 underpayment, which has only been partially rectified. Judge Liveris emphasized the need for general deterrence and compliance with minimum standards. The Fair Work Ombudsman highlighted the importance of acting on Compliance Notices to avoid penalties and back-pay orders.
What it means for employers
Employers, particularly those in the supermarket and grocery industry, must comply with Compliance Notices and maintain accurate records. Failing to do so can result in significant penalties and back-pay orders. Employers should be aware of their obligations to protect migrant workers.
What it means for employees
Employees, especially visa holders, should seek assistance from the Fair Work Ombudsman if they suspect they are being underpaid or are unsure of their entitlements. Free advice and assistance are available through the Fair Work Infoline and website.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/september-2024/20240918-om-shiva-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 →