The Fair Work Ombudsman has commenced legal action against Mubin Ul Haider, who owned and operated the 7-Eleven outlet at 243 Edwards St in Brisbane until it closed last year.
Also facing court is Haider’s company, Haider Enterprises.
The company allegedly underpaid an employee $21,298 – including minimum wages, casual loadings, and penalty rates – over a period of 13 months between January 2013 and February 2014.
The employee, from Nepal and aged in his late 20s, was a visa holder when he started working for Haider. He is now a permanent resident of Australia.
Fair Work inspectors investigated after the employee lodged a complaint.
The Fair Work Ombudsman issued two Notices to Produce (NTP) employment documents in May and June last year, but Haider Enterprises allegedly did not comply with them.
There was allegedly also no response to a follow-up letter in August.
Haider and his company allegedly also failed to respond to a Compliance Notice (CN) issued in September and requiring the underpayment to be rectified within 17 days.
Under the Fair Work Act, business operators must comply with Notices to Produce and Compliance Notices issued by Fair Work inspectors – or make a court application for a review if they are seeking to challenge a Compliance Notice.
“Our inspectors made extensive efforts to engage with this business operator to try to resolve the matter voluntarily, but were not been able to secure sufficient co-operation,” Fair Work Ombudsman, Natalie James, said.
Haider faces maximum penalties between $5100 and $10,200 per breach and his company $25,500 to $51,000 per breach.
The Fair Work Ombudsman is also seeking Court Orders for the company to back pay the employee in full.
A directions hearing is listed in the Federal Circuit Court in Brisbane today.