Launceston takeaway restaurant owners fined $100,000 for underpaying Chinese chef on 457 visa

The operators of a Launceston takeaway restaurant have been fined $100,000 for underpaying a Chinese chef and creating false wage records.

The Fair Work Ombudsman found David and Priscilla Lam, who own Dave's Noodles in Launceston, created false records to pay a staff member for a 38-hour week when he worked 60.

It resulted in the Chinese chef being underpaid $86,000 over a four-year period.

The couple convinced the chef, who they sponsored on a 457 working visa, he had to sign the false time and wage sheets for immigration purposes.

The Federal Court fined the pair $100,000 and ordered them to repay the employee.

The couple are also the franchisors of the Dave's Noodles restaurants in Hobart, Burnie, Kingston, Moonah and Mowbray.

The chef's case was investigated by the Fair Work Ombudsman after he lodged a complaint via an interpreter.

The inspectors discovered he was being paid a flat rate based on a 38-hour week while being required to work 60 hours a week.

Judge Norah Hartnett described the couples' fraudulent paperwork as "particularly disturbing behaviour, worthy of significant reprimand".

He said the chef was in a vulnerable position, having to rely on the couple's favour to stay in Australia.

Fair Work Ombudsman Natalie James said the penalties should be a warning against exploiting vulnerable workers.

"The small minority of employers who are inclined to contravene the rights of vulnerable workers should be aware that they can face significant financial consequences for such behaviour," she said.

"Successful litigations such as this also help to create a level playing field for the majority of employers who are committed to doing the right thing by their employees."

Source : ABC News     January 8th 2015