Yum Cha Robina on the Gold Coast has been fined more than $23,000 for falsifying employment records to make it seem that staff members had worked fewer hours than they actually had.
The company operates the Yum Cha Robina Chinese Restaurant, and has been penalised $20,700, while the restaurant manager and part-owner, Iki Ngai-Ki Wong has been fined a further $2,850.
The fines are a result of an investigation by the Fair Work Ombudsman, during which inspectors were presented with false rosters, time sheets and pay records for 45 employees.
Inspectors discovered discrepancies when an employee provided records that were inconsistent with the information provided by the employer. Wong later admitted that the records she had supplied were false, and submitted the correct paperwork.
The records showed that the employees – including international students and overseas workers on 457 skilled visa and 417 working holiday visas – had often worked significantly more hours and been paid significantly higher wages than was originally stated.
The contraventions occurred despite Fair Work inspectors putting Wong on notice of the need to comply with workplace laws in 2012 after finding she had been involved in record-keeping contraventions and employee underpayments at another restaurant.
“The Court’s decision should make it clear that record-keeping is not optional, and providing false records to disguise underpayment of staff is serious misconduct,” Fair Work Ombudsman, Natalie James, said.
The Fair Work Ombudsman was also successful in securing a Court order requiring Yum Cha Robina to commission an audit of its compliance with workplace laws, report the results to the Agency and rectify any issues discovered.
The matter has also been referred to the Department of Immigration and Border Protection and to the Australian Tax Office.
