Dumpling restaurant operators face court
Kailing Chen and Alex Du, the operators of Dumpling Land in Wallsend, Newcastle, are facing court over the alleged breach involving vulnerable migrant workers.
Fair Work issued Chen and Du with a compliance notice after an inspector formed the belief that the operators had underpaid the minimum wages, overtime, and penalty rates of 28 workers between June 2021 and April 2023.
Most of the restaurant’s staff were migrant workers with some aged 24 and under during their employment.
The operators allegedly backpaid some of the workers, but payments to 12 workers remain outstanding.
The Fair Work Ombudsman is seeking penalties of up to $9390 from each of the operators.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers,” said Fair Work Ombudsman Anna Booth.
“Employers should also be aware that taking action to improve compliance in the fast food, restaurants and cafes sector and protecting visa holder workers are priorities for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The government has recently implemented laws allowing for the intentional underpayment of wages or entitlements to be prosecuted as criminal offences.
The FWO provides a free online course to help employers understand what a compliance notice is and how to respond if they get one. The compliance notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in FWO’s online learning centre.
Photograph courtesy of Cats Coming.
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