Wok Me penalised for underpaying 71yo cook
The former operators of fast food outlet Wok Me in northern Queensland have been penalised $72,576 for underpaying a 71-year-old employee.
The Federal Circuit Court ordered a $12,096 penalty to Luke McGrath, who formerly owned and operated several ‘Wok Me’ outlets in Queensland and the ACT, selling noodle, rice and sushi dishes. His company, Wok Me Corporate NQ Pty Ltd has been penalised an additional $60,480.
McGrath and his company admitted to underpaying a cook, then aged 71, at the Wok Me outlet in Rockhampton a total of $12,658 over a period of just four months in 2016.
The employee is an Australian citizen from a non-English-speaking background, who was born and raised in China. The significant underpayment over such a short period was a result of the worker not being paid any wages for eight of the weeks he worked.
When the employee was paid wages, the flat rates he was paid – ranging from $20.92 to $25.20 per hour – sometimes undercut the minimum hourly rate for ordinary hours outlined in his Individual Flexibility Agreement made under the Fast Food Industry Award 2010.
Overtime, annual leave and superannuation entitlements were also underpaid and record-keeping and pay slip laws were breached. The worker has now been back-paid in full.
“Mature age employees can be vulnerable in the workplace as they face fewer opportunities and are often reluctant to complain,” said Fair Work Ombudsman Sandra Parker. “The Fair Work Ombudsman took court action against Wok Me because we prioritise matters involving the underpayment of vulnerable employees.”
Sheridan Randall, 21st September 2018
