HR professional caught up in Fair Work investigation

A human resources professional for a popular chicken eatery is facing court following a Fair Work investigation alleged they were involved in knowingly providing false pay slips.

The Fair Work Ombudsman (FWO) has commenced legal action against Gary Lai, former HR professional of the Gami Chicken & Beer Gami-Southland outlet, along with former operators Vanna Taing and Brandon Bui.

It is alleged that during the first Fair Work investigation of the store, which came in 2019, Mr Lai, Mr Taing and Mr Bui were involved in knowingly providing false pay slips to a Fair Work inspector, purporting to show that three workers were paid higher rates than they actually had been.

A second investigation was launched in 2021 after the FWO received requests for assistance from workers who had worked at the restaurant, which was located at the Westfield Southland Shopping Centre in Cheltenham.

“The inspector formed a belief the workers were underpaid minimum wages, penalty rates, casual loadings, annual leave entitlements and payment-in-lieu-of-notice-of-termination entitlements, owed under the Restaurant Industry Award 2010 and the Fair Work Act’s National Employment Standards,” a statement from Fair Work said.

Following the investigations, the inspector issued a compliance notice to Mr Taing and Mr Bui in October 2022 “after forming a belief that 16 kitchen and wait staff had not been paid any wages and entitlements for work performed over a three-week period before their franchisee licence was terminated in 2021 and the restaurant closed”.

The workers included two 17-year-olds and a number of visa holders, including workers from Vietnam and South Korea.

“The Fair Work Ombudsman alleges Mr Taing and Mr Bui, without reasonable excuse, failed to comply with the compliance notice, which required them to calculate and back-pay the workers’ entitlements in full. It is alleged workers have been partially back-paid but that more than $40,000 is owing,” the statement continued.

“The FWO also alleges Mr Taing and Mr Bui committed a further breach by failing to make and keep records relating to termination of employment.

“The FWO is seeking penalties. In relation to the alleged false records, Mr Taing, Mr Bui and Mr Lai each face a penalty of up to $13,320. In addition, Mr Taing and Mr Bui each face a penalty of up to $6,660 for their alleged failure to comply with the compliance notice and a penalty of up to $13,320 for the alleged failure to make and keep termination records. FWO is also seeking an order for Mr Taing and Mr Bui to take the steps required by the compliance notice, including rectifying the alleged underpayments in full, plus interest and superannuation.”

Commenting further, acting Fair Work Ombudsman Kristen Hannah said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.

“Employers also need to be aware that providing false records is serious and unacceptable conduct,” Ms Hannah said.

“Enforcing compliance in the restaurant industry and taking action to protect vulnerable workers, like visa holders and young workers, continue to be priorities for the agency. Any employees with concerns about their pay or entitlements should contact the FWO for free assistance.”

A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 3 August 2023.