Shop owner abusing and withholding pay from staff

Apologies if this post is a little bit long.

I'm staying in a Melbourne hotel this week, as I have some IT training. Last night, I wandered out to find some dinner - since my wife isn't around, I could be a bit naughty and I went to the local fish and chippery.

It's a bit fancy and the prices were reasonable (Yelp'd first!). I rocked up and this English sounding girl served me, I ordered and then went to read the sports section of the local paper while I waited. Another woman was ahead of me, and after a minute her order came out and she was on her way. This is where everything went weird.

It would seem that she had been given the wrong order - the short, tattoo'd owner started yelling at the two female staff. Both were in their early 20's, he was probably mid 30's and.. rough looking. He continued railing at these poor girls for about 3 minutes, and then I THINK one said 'I'll pay for it' and he seemed placated at that point.

Anyway, out came my order, the bloke was out of earshot, so I said to the girl 'you don't deserve to be spoken to like that'. And she said 'oh, he gets like this'. I walked out of the shop and stopped to look in through the front glass, just in case he was ready to carry on with the girls when I left. At this point, I noticed that there was one other 'customer' sitting in the corner - a young Asian chap with a backpack. As I was looking at the girls, the guy walks out from behind the counter, runs over to the Asian bloke and stands over the top of him - I couldn't hear what he was saying, but he was certainly yelling. Poor guy walked outside and I asked him if everything was ok. He said that he worked at the shop until last Friday, when he was fired. He told me that he was owed $600 for his final pay. I asked him a few questions.

  1. Yes, he's an international student.
  2. He was on $15/hr, under the award wage.
  3. He was told to come back on Thursday for his pay, but he didn't think he would get paid even then.
  4. He told me 'what can I do, I have no rights'.

At this point I had to decide, either walk away and feel like a dick all night, or try and sort it out. So of course I stupidly walked back in.

I walked to the counter and spoke to the guy. Told him that he needed to pay the bloke outside. Of course, he went off tap at me, telling me to mind my own business, etc. Told me that the guy outside had done 'bad things' to the two girls there. He then walked out from around the counter and stood directly in front of me, trying to intimidate me. I've got a good foot on him and at least 40kgs. He's very clearly drunk, I can smell a lot of spirits on his breath. He continues his rant - suggesting that I 'come in here with your blue eyes' - corrected him, they are green. Eventually decided I'd had enough and walked out of the shop. One of the girls thanked me for standing up for them - told her that I was calling the police.

I then walked a little bit with this Asian guy, got his mobile and said I'd find out what rights he had, and who to speak to. After he left, I called 000 and reported the guy, said that he was drunk and I was really concerned for these girls' safety. They said that they'd send a car out asap. Got back to my hotel and did a bit of Googling, found the Fair Work Australia site for international students, and got the contact number. I texted this information to him.

The question for you all - who can this international student speak to about getting his final pay? He feels that he has no rights, but obviously he does have some. He deserves his final pay (even if it's under the award). Besides Fair Work Australia, is there a group that specialises in his sort of situation, perhaps an international student advocate?

Thanks for any help you can provide. This poor guy has bills to pay like the rest of us.

wedge

Couple of points:

  1. inb4 racism - the shop owner is Anglo.
  2. I did ask one of the girls whether the guy outside had 'done something terrible' to them. She said no, the owner is drunk and won't remember any of this in the morning.

Comments

  • +59

    I appreciate that you stood up for poor guys and girls. Hats off to you.

    • +18

      Good on you champ. You are like batman, only more practical.

  • +7

    You where very kind to stick up the the workers. I wonder what happened after the police had arrived.

  • +10

    you are a legend!! thanks so much for stood up on the poor girls and the Asian guy.
    I too once an international student, who was paid $9 an hour from an Asian grocery shop.
    The owner always late in paying my salary and such a pain. I feel the pain of this Asian guy.
    unfortunately i don't have much info on international student rights. I too was wondering the same back then and still no clue until today.

    which shop is this as i live in Melbourne and wont give this kind of people business!!!!!
    this type of business should be shamed in the media !

  • +3

    Most international students have only 20 hours per week work rights per the visa. His rights would be diminished if he violated that which might be why he said "I have no rights". Assuming he was 19, the award rate would be $15.19 which is about what you said - higher of course if he was older.

    Kudos though for what you did and are doing.

    • +3

      Thanks gevidian, valid points. I'm not sure whether this bloke was paid weekly or fortnightly. Either way, he earned that money and if he's been let go, he deserves the final pay.

  • +4

    Legend. We need more people like you.

  • +8

    You got balls mate, most people would have been too afraid to stand up and just walked away. Kudos to you…

    • +9

      I would have felt infinitely worse had I just walked away and returned to the hotel. I remember being young and every dollar being the difference between eating that day or instead paying the rent.

  • +1

    Nice work

  • +4

    I salute you sir!

  • +5

    cmdwedge,

    That was a very honourable thing you did.

    Is the international student still studying? He may be able to speak to International student services (or a student union legal rep) to get some legal counsel. In addition, he should raise this matter with Fair Work ASAP (although they are a fairly fang-less body with no real powers of enforcement). They should start a mediation process between him and the employer.

    http://www.fairwork.gov.au/about-us/policies-and-guides/fact…
    https://www.legalaid.vic.gov.au/find-legal-answers/employmen…

    The following is more comprehensive and applies to NSW:
    http://www.legalaid.nsw.gov.au/publications/factsheets-and-r…

    • +4

      Thanks! I'll send those three links to him now. That's exactly what I was hoping for. I didn't think of Legal Aid. Will report back when I have any updates.

      • +1

        Awesome! Thank you for doing this. :) I'll post back if there is anything else I can find.

        • +8

          I've texted him the websites and what each one will help with. Noted that FWA are able to 'mediate' the process and said that once FWA are involved, the owner will fold faster than Superman on laundry day.

          Also told him that if he needs to go to the shop again, I'm happy to attend with him in person as a witness.

          Feel so bad for the poor bastards studying and working at the same time. Makes you appreciate how easy you had it as an Australian-born student.

  • +2

    Well done mate!

    This all sounds like a mini 7-eleven scandal.

  • +4

    Well done for sticking up for them. I am sick of store owners abusing their staff especially international students.

    I hope the girls are OK.

    As for the Asian bloke.

    He absolutely has rights.

    His University will have student services to help him out for this sort of thing. He can go to Fair Work Australia as well but I'd tell him to go to the Uni student union or student services first because they can help him get legal aid should he need that.

  • +2

    Good on you! That was a huge effort on your part, and I fear most people would not want to get involved. That's how these crazy bullies get away with this stuff.

  • +3

    I reckon you would be awesome to have around. We all need friends like you.

  • +3

    I agree with cupcake. Will you please be my friend?

  • +5

    I am so proud of you. Reading this story brought me to tears - so sorry for that poor young man & would love to know the outcome.
    No staff member should have to suffer this abuse. We had a similar situation with our local chinese restaurant & takeaway, a couple of years ago. We had ordered a takeaway over the phone & hubby went to pick it up. When he arrived it wasn't quite ready but the previous order was - that customer questioned part of their order which wasn't correct - it was sorted & off they went, then the owner let fly @ the young girl staff member in front of my husband, ranting & abusing her bringing her to tears. My husband ( who is in his late 60's ) could not sit back & listen to this , so intervened, telling the owner that this was totally inappropriate behaviour & that he would report the business to the authorities ( although his language was far more explicit ! ) He also suggested where our order could be placed & left the premises. As hubby has been a well known business man in our little village/town for many years, this story has been passed on to all the locals. The chinese has since changed hands but still doesn't do a lot of business - not the new owners fault, but the stigma is still there. Reputation is everything in a business.

  • +3

    Good on you OP! Name and shame,or at least tell us its whereabout. The owner does not deserve our money if he doesn't pay his workers properly.

  • +4

    I just remembered that the Asian chap told me that a week before he was fired, another girl left. Apparently the owner had pulled her around by the hair.

    Disgusting place. At this point I don't want to name and shame, but if the Asian guy doesn't get his pay by the time I leave on Friday, I'll take it further.

    • +4

      Name the place and let the power of Ozb run over it.

  • +3

    Good on you mate

  • +2

    Admirable conduct on your part.

    Nice to have my faith in the world raised again after hearing this: 7-Eleven: Workers caught in cashback scam

    Or lose your faith, depending on which you read first.

  • +3

    You are a great human being. That owner/boss really sounds like he needs some serious disciplining.

  • +1

    Hats off man…

    Well international students are only allowed to work 20 hours per week.but that is not enough for most of them so they work more than that… And shop owners take advantage of it.

    They pay them cash in hand. $ 15 sounds so good as some gets between $ 8 - 12 per hour. They dont get Annual or sick leave.
    Owners like that guy you mentioned may pay them whenever they feels like.

    Poor kids cant do anything. If they try to shop owner will report them to immigration which results visa cancellation. Sad but the truth.

  • +2

    We need more people like you in this world. It is very hard to stand up to someone, especially when it was not for yourself. What you did was very praiseworthy.

    I am a part business owner myself and unfortunately the truth is I often hear about and have a feeling that most small businesses, especially F&B businesses, underpay their staff.

    Besides the underpaying, pulling someone by their hair is assault, a far more serious criminal offence. The victim can report this to the police and there is a very good chance the bloke will get arrested, especially as she has a witness(the asian guy). If the asian guy is still in touch with the other girl through fb or know her number, encourage him to contact her and tell her she can raise a complaint if she wishes. I hate people in a position of power who abuse weaker people, especially under the influence of alcohol. It's only a matter of time until he seriously injures someone. Such people don't belong in the community.

    Regarding pay discrepancies, you are right about Fair Work being the primary organisation to approach. A common misconception is that only the workers can complain about being underpaid to FWA. This is not true, anyone can dob in a business if they have a suspicion that they are underpaying staff. FWA will then conduct an audit if they think the complaint is genuine. There are very stiff monetary penalties for wage fraud in addition to lost goodwill etc.

    Thanks again for standing up for these kids. Bless you.

  • +2

    Time's up.

    https://www.zomato.com/melbourne/manchipster-fish-burger-bar…

    I really should have read the reviews on Zomato (aka Urbanspoon) first. Read the review by 'Joycee' 11 months ago. Almost exactly the same as my experience! Do your worst, OzBargain.

  • +1

    The story started like… since my wife wasn't around, i could be a bit naughty. I am like, whoa!! Where is this going? Lol The guy is a bully. If the world had more people like you in it, what a better place it would be. I can't watch things like this happen either. I can't walk away. It would eat at me. If i was in Melbourne, i would love to 'dine' there. Bullies don't scare me either.

  • +1

    i suppose this is why their last 2facebook posts has 2 posts asking about employment opportunities

  • you're the only one did that, i just run away :)

  • -6

    Mind your own business and stop sticking your nose into other people's business before your white knighting gets you stabbed.

    • +1

      Oh, you'd be the owner I'm guessing? Welcome to Ozbargain.

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