Luke McGrath restaurant ripped off 71 year old cook
The case of Australia’s oldest allegedly underpaid worker was last week considered by the Fair Work Ombudsman
The venue involved is a Rockhampton fast food outlet. The 71-year-old central Queensland cook was allegedly not paid for nine weeks work
Luke McGrath and his company Wok Me Corporate NQ Pty Ltd which ran a number of “Wok Me” outlets in Queensland and the ACT selling rice, noodle and sushi dishes was subsequently hit with legal action.
McGrath and his company allegedly underpaid the cook working at the Rockhampton Wok Me outlet a total of $12,658 over four months last year, according to the Ombudsman.
The Chinese born cook is an Australian citizen. He had been living in Australia for many years and had limited English.
The rates in his wages allegedly undercut the minimum hourly rate as set out in the Individual Flexibility Agreement for his position.
He was also allegedly underpaid overtime, annual leave and superannuation. Pay slip laws were also allegedly breached.
The Ombudsman got involved after the employee contacted Fair Work for help.
Fair Work Ombudsman Natalie James said mature age employees are vulnerable because there are fewer opportunities for them.
She said they were often reluctant to complain.
She said it was important that they participate in the workforce without being underpaid or treated unfairly.
Fair Work is believed to have previously warned Mr McGrath to comply with workplace laws. His other workplaces will be audited.
Mr McGrath faces maximum penalties of up to $10,800 per contravention.
His company faces penalties of up to $54,000 per contravention.
A directions hearing has been listed in the Federal Circuit Court in Brisbane for February 5, 2018.
The bulk of the alleged underpayment remains outstanding.
The Ombudsman is now seeking a court order for the company to back pay the employee in full.
by Leon Gettler, December 18th 2017
