Traveller wins backpay

A MULTI-tasking backpacker working at a Hobart restaurant has been back-paid almost $19,000 following a Fair Work Ombudsman investigation.

The man, on a working holiday visa, was the restaurant manager, chef, waiter and bookkeeper but was being robbed of wages and entitlements, the investigation found.

It was discovered he was working 10 hours a day, seven days a week and was paid only $900 per week with a $175 deduction for purported visa sponsorship arrangements.

This equated to rates as low as $10.36 an hour. He will be back-paid $18,812.

“As the sole employee at the restaurant, the worker was responsible for opening and closing the business, cooking meals, serving customers and managing the business’s accounts,” the Fair Work Ombudsman said.

“He had every second Sunday off and was allowed to take 10-minute breaks during shifts if there were no customers waiting.”

Under the Restaurant Industry Award 2010 at the time, the casual employee was entitled to a minimum hourly rate of $24.45, $29.34 on Saturdays, $34.23 on Sundays and $48.90 on public holidays.

Under the award, the employee should also have received a minimum 30-minute unpaid meal break during any shift of five or more hours.

The employer kept no records relating to the worker’s employment and the worker never received a pay slip.

Acting Fair Work Ombudsman Kristen Hannah said the agency helped the employee recover his owed entitlements quickly and in full, without the need for long and costly court proceedings.

“This was the first time this business had come to our attention, but it is now on notice that further workplace breaches will not be tolerated,” Ms Hannah said.

Last month the ombudsman indicated an area of Hobart was a “hot spot” for workplace complaints and would be targeted.

Businesses in and around Sorell, Richmond, Lewisham and Dodges Ferry are the focus of the two-month crackdown.

“It’s important we check that workers are being paid correctly,” the Fair Work Ombudsman’s office said.