KUALA LUMPUR, Jan 19 — Three Malaysian owner-operators of a Malaysian restaurant called “Mamak” in Sydney are facing legal action by an Australian government body for allegedly underpaying their staff by A$87,349 (RM263,656) between 2012 and 2015, according to a Sydney Morning Herald report.
The report said that the restaurant underpaid five of their staff, four of them international students and one a bridging visa holder, by paying rates as low as A$11 per hour, which contravenes the Fair Work Ombudsman.
The trio are Joon Hoe Lee, Julian Lee, and Alan Wing-Keung Au, and they are facing action along with their company Mamak Pty Ltd.
According to the restaurant’s website, the eatery is a Malaysian outlet owned and operated by Malaysians. It serves common Malaysian delicacies such as nasi goreng (fried rice), mee goreng (fried noodles) and also roti canai.
The owners face a penalty of up to A$10,200 per contravention, while the company faces a penalty up to A$51,000 per contravention, the report said.
While under investigation by Fair Work, the restaurant allegedly disguised the underpayments by providing false documents while also breaking laws regarding pay slips and access to information.
The underpayments had since been reimbursed.
The restaurant was started by the trio in 2007 after initially operating a stall at the Chinatown district in Sydney which was a hit among the local crowd. The restaurant also has two other branches in Chatswood and Melbourne respectively.
The restaurant has won an array of awards, including being listed in Time Out’s Best Cheap Eats in 2012, and is famous in Sydney for its long queues and fast service.
According to the Restaurant Industry Award, adults should have been paid more than A$22 per hour during normal hours and a junior staffer can claim more than A$13, the report said.
A directions hearing has been listed for February 5 at the Sydney’s Federal Circuit Court.
