Eatery served massive penalty

THE former operators of a restaurant in Cairns have been hit with a massive $168,000 fine for robbing a foreign worker of significant wage entitlements.

A Japanese woman, who was employed as a waitress and then manager at M Yogo at The Pier between May 2012 and April 2015, was paid flat rates between $17 and $19 for all hours including evening, weekend and public holiday work.

As a result, Yuriko Tai was underpaid a total of $33,693 in minimum hourly rates, casual loadings, shift allowances, overtime rates, annual leave entitlements and penalty rates.

Poisson Pty Ltd, which operated M Yogo and sponsored Ms Tai on a 187 Regional Sponsored Migration Visa for part of her employment, was fined $142,144 by the Federal Circuit Court. Company director and former manager Miyuki Yogo was fined $26,780.

Judge John Middleton found there had been a considerable underpayment of fundamental entitlements, which had been aggravated by the failure to issue payslips and keep employment records.

“There is a need to show there are serious consequences for failing to comply with Commonwealth Workplace laws,” Judge Middleton said.

“It is important that employers understand that employees must be provided with their correct entitlements and there must be accurate and compliant record-keeping.”

Ms Tai has since received the unpaid wages.

Ms Yogo must also register with the Fair Work Ombudsman and complete educational courses for employers.

Fair Work Ombudsman Sandra Parker said inspectors investigated after the employee lodged a request for assistance.

“The court’s penalty sends a strong message to businesses that underpaying entitlements of migrant workers is serious conduct that will not be tolerated,” she said. “If an employer undercuts the minimum award rates, they are breaching Australia’s workplace laws and will face consequences.”

For further help visit www.fairwork.gov.au

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