An owner-cum-operator of an Indian restaurant has been heavily penalised for exploiting and sacking an Indian cook by text message.
Simon Peter Mackenzie, who owned and ran The Curry Tree restaurant in Nedlands, Perth has been penalised $34,815 and his company, Siner Enterprises Pty Ltd, has been penalised an additional $174,075 for not paying an Indian cook for almost four months and then sacking him by a text message for taking a sick leave.
24-year-old Mr Singh* was on a bridging visa when he started work as a cook at The Curry Tree restaurant in 2012.
He was paid $200 for his first three days but then made to work without pay six days a week for next four months.
Singh was reluctant to complain as he hoped Mackenzie’s company would sponsor him on a work visa, which would allow him to remain in Australia.
His employment was however terminated when he took a day off as sick leave.
states, “When the worker sent Mackenzie a text message saying he would not attend work because he was unwell and would provide a medical certificate the following day, Mackenzie responded with a series of text messages terminating his employment.
Mackenzie initially texted the worker saying “dont come back”.
Then a short time later Mackenzie texted the worker saying “Dont expect .any sympathy,pls don’t my lawyer sue you for defamation of/mycharacter. Pls return key today”.
Mackenzie then sent a follow-up text stating “If you dont answer i will ring the police and say you possession of my keys to my business and I want them bak. they will come to your house and arrest you for theft”.
Sharma went to the Fair Work Ombudsman and complained against Machenzie, following which an investigation and then legal action commenced.
The Federal Circuit Court fined Mackenzie and his company more than $200,000 and has also ordered Mackenzie and his company to pay Sharma a total of $32,661 in outstanding wages and compensation for the economic loss the worker suffered as a result of being sacked.
Judge Antoni Lucev described the workplace contraventions as “egregious” and was also highly critical of Mackenzie’s conduct in Court, saying he had displayed “sheer belligerence” and directed “hostility” towards the worker and the Fair Work Ombudsman’s legal representatives.
Judge Lucev found that Mackenzie had displayed no remorse, noting that Mackenzie told the court that “there will be no apology at all”.
Fair Work Ombudsman Natalie James said the case was "shameful exploitation of a vulnerable worker and the employer’s conduct in this matter thoroughly deserved the strong criticisms it received from the Court.”
Work exploitation of Indian workers in restaurants is a known phenomenon across Australia where owners have been fined for underpaying staff and breaching rules.
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Two Indian international students working as waitresses in an Indian restaurant in Melbourne were short-changed by the owner of the restaurant.
A Fair Work Ombudsman legal action secured a for failing to back-pay two underpaid Indian workers.
A $500 penalty was imposed against Hari Pal, who formerly owned and operated Konna Indian Cuisine, later renamed Punjabi Tandoori Corner, in Richmond, Melbourne.
Perth-based Sushil Kumar, who formerly owned and ran the Bricklane British Curry House and Bikaner India (WA and later dismissing him because he lodged a workers’ compensation claim after injuring his back at work.
Recently some ghost-restaurants on the Sunshine Coast in Queensland, including for an alleged visa fraud.
Employers and employees can seek assistance at www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. A free interpreter service is available on 13 14 50 and information on the website is accessible in 40 languages other than English.
*Identity changed.
