A federal court judge has ruled that two Wollongong restaurant workers should receive hundreds of thousands of dollars in unpaid wages and penalties in what could be the largest Federal Court wage underpayment claim covering individual workers.
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One of the workers, Syed Haider told The Mercury that after the decision by Justice John Halley that after five years he was pleased with the result.
"I am happy, I am satisfied."
Haider and Midhun Basi were employed by Vaisakh Mohanan Usha who owned the business Namitha Nakul, which operated two restaurants named Adithya Kerala in Wollongong and Nowra.
Haider and Basi were employed between 2016 and 2018 at the two restaurants, during which they had their wages stolen, did not receive superannuation and annual leave entitlements and were required by the owner to pay the business's tax liabilities.
Usha threatened Basi and Haider that he would close the restaurant if they didn't pay.
This morning, Justice Halley made a final costs determination after finding the workers had proven their case last year.
The penalties imposed by Justice Halley not only include the payments owed to Haider and Basi but additional fines due to the serious contraventions of workplace laws.
The business will have to pay $150,000 to Basi and Haider, $75,000 each, and Usha will have to pay each worker $25,000.
These penalties are on top of the tens of thousands of dollars that Basi and Haider are owed.
Justice Halley found across the multiple contraventions that Basi was underpaid $90,963.59 and $10,333.49 in superannuation. Haider was underpaid by $81,818.94 and $8,650.28 in superannuation.
All the amounts must be paid by Friday August 21, 2023. Lawyers for Usha had sought to have the payments deferred through a payment plan however Justice Halley found that the payments needed to be paid nearly immediately, to reflect the significance of the contraventions.
Whether Usha can make the payments remains to be seen, with his lawyers noting that he works as a casual chef earning $450 a week, has debts of $100,000 and few assets. The company itself is largely worthless. This did not dissuade Justice Halley, who noted: "I accept that the respondents may have limited financial resources but impecuniosity is not a basis on which penalties may be foregone or instalment plans of inordinate length might be permitted."
While satisfied with the result, Haider said he also was unsure what money he would receive.
"He [Usha] is a dodgy guy and I don't know how he is going to pay this."
Now in New Zealand with his partner, Haider said the couple plan to return to Pakistan to get married, before coming back to New Zealand to stay.
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