Up­per Coomera Pizza Hut em­ployee un­der­paid $6200

The Gold Coast Bulletin - - NEWS - AMANDA ROBBEMOND

A GOLD Coast Pizza Hut store owner has been fined more than $200,000 for ex­ploit­ing his de­liv­ery driver with a sham con­tract and mis­lead­ing the Fair Work Om­buds­man.

Dong Zhao, who op­er­ates an Up­per Coomera Pizza Hut fran­chise, was fined $36,7000 while his com­pany, Skyter Trade Pty Ltd, was pe­nalised $180,000.

For­mer em­ployee, In­dian na­tional Hu­mit Vi­jan, was un­der­paid $6228.41 af­ter he be­gan work­ing at the store as a de­liv­ery driver on Novem­ber 15, 2016.

The Fed­eral Cir­cuit Court heard that Mr Vi­jan was paid a flat rate of $12 plus $2 ex­tra per de­liv­ery fee, which was later ne­go­ti­ated to $15 an hour.

He should have been paid $20.36 for or­di­nary hours and $40.72 for over­time and pub­lic hol­i­day work un­der Pizza Hut’s en­ter­prise agree­ment.

The court also heard that Mr Zhao failed to give Mr Vi­jan any pay slips dur­ing his six-month stint, did not pay any su­per­an­nu­a­tion and treated him as an in­de­pen­dent con­trac­tor rather than an em­ployee.

He was also un­der­paid a per-de­liv­ery en­ti­tle­ment and a uni­form al­lowance. Mr Vi­jan has now been paid back in full.

The court also found tMr Zhao ac­tively mis­led the Fair Work Om­buds­man to cover up his wrong­do­ings, in­clud­ing pro­vid­ing false ros­ters to in­spec­tors.

Judge Michael Jar­rett said the sham con­tract­ing breach was se­ri­ous and would have im­pacted Mr Vi­jan’s fi­nan­cial po­si­tion ad­versely.

“(Mr Vi­jan’s) ev­i­dence was that he was con­stantly anx­ious and stressed about (his fam­ily’s) low bank bal­ance and at times felt de­pressed and hu­mil­i­ated,” he said.

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