An Indian-origin former operator of a roadhouse in regional New South Wales will face court for allegedly withholding more than $11,000 in government-funded parental leave payments of a female migrant worker.
The Fair Work Ombudsman has commenced proceedings against Kulpreet Singh, former operator and part-owner of the United Petroleum roadhouse at Marrangaroo. Mr. Singh is a director of Noorpreet Pty Ltd. which is also facing the court.
It was alleged that the company did not pay $11,538 in paid parental leave to the female chef who was on a 487 visa, following the birth of her child, even after it received the amount from the department of Human Services.
Mr. Singh allegedly made a false document purporting to show that he paid the funds in cash to the employee’s husband in May 2015, which was challenged by the Fair Work ombudsman.
Mr. Singh then transferred the money to the employee in October last year, more than five months after it was due.
Fair Work Ombudsman Natalie James says employers who violate the law and deliberately mislead investigators can expect to face legal action.
It is the first time the Fair Work Ombudsman has taken legal action against an employer for failing to transfer paid parental leave funds to an employee.
Mr. Singh and Noorpreet Pty Ltd face penalties up to $10,200 and $51,000 respectively for the alleged offence.
In addition, they face penalties of up to $5100 and $25,500 per contravention for a number of alleged breaches of the act relating to records and payslips.
