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Fighting For Australian Workers Who Have Had Their Wages Stolen By Their Boss
Service Station Operators In Court For Making Staff Pay For Drive Offs

Service station operators in court for making staff pay for drive offs

Two service station operators are facing court for making staff pay for losses when customers drive-off without paying for fuel.

It is unlawful to make deductions from a worker’s wages for breakages, till balance shortages or customer drive offs.

Service station operator in court

Kamaldeep Singh and his wife Uma Singh and their company Sinpak previously owned the Metro Petroleum service station at Doyalson on the NSW Central Coast.

The Fair Work Ombudsman accuses the Singhs of making unlawful deductions from the console operators’ wages to make up for fuel theft from customer drive offs.

The regulator also alleges the couple underpaid two migrant workers over $50,000 by failing to pay minimum rates for ordinary hours, penalty rates for overtime, weekend and public holidays, loadings and various leave entitlements.

From May 2015 to August 2016, Sinpek allegedly underpaid a male employee $28,157 and a female employee $24,607.

Fair Work also alleges that Sinpek failed to provide the workers payment in lieu of notice for termination.

Finally, the regulator accuses the Singhs of failing to comply with a Notice to Produce employment records.

Migrant workers vulnerable

Industrial advocate Miles Heffernan said migrant workers are vulnerable to exploitation.

“Migrant workers often don’t know their workplace rights or won’t speak out because they fear losing their visa,” he said.

“Therefore they are vulnerable to exploitation from greedy bosses.”

Mr Heffernan said governments need to introduce criminal penalties for wage theft.

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Service station operators facing penalties

Meanwhile, Sinpek faces penalties of up to $54,000 for each breach and up to $27,000 for the record-keeping and pay slip breaches.

Mr and Mrs Singh face penalties of up to $10,800 for each breach and up to $5,400 for record-keeping and pay slip breaches.

The Federal Circuit Court has a directions hearing listed on 21 December.

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