An Australian restaurant, which allegedly did not pay an Indian chef for four months and fired him via SMS for calling in sick, is under the scanner of the country's workplace watchdog.
The Fair Work Ombudsman has launched legal action against The Curry Tree restaurant in Nedlands, Perth. It alleges that the chef, who remains unidentified, was paid USD 200 in May 2012 for a few days when he first joined, the West Australian newspaper reported.
However, the Ombudsman says, he went unpaid for subsequent four months of work for six evenings a week. This makes him eligible to receive USD 14,776 in wages and entitlements.
The restaurant employee, who was on a bridging visa, was then fired via SMS when he could not report to work due to sickness, despite assurances that he would provide a medical certificate, the report added.
Restaurant operator Siner Enterprises Private Limited and its director Simon Mackenzie, who manages the restaurant, will now appear before a court on July 9.
While Mackenzie, who is accused of committing multiple breaches of workplace laws, faces penalties of up to USD 6600 per breach and the company may have to pay USD 33,000 per breach, the report said.
The watchdog is seeking full back payment plus compensation and damages for the employee, who has been back paid USD 2441.
Unions have pointed out that such cases were not uncommon, with United Voice assistant secretary Pat O'Donnell adding: "There are many people on visas not getting paid for the hours they work."
"I think it is the tip of the iceberg and much more widespread than people realise," he said.
