Indian restaurant ordered to pay $90,000 to 'badly exploited' cook

'Badly exploited' and 'underpaid' cook Rajesh Salaria accepted the wage because he feared visa cancellation and deportation to India.

إيجار مجاني لمدة ثلاثة أشهر: صاحب مطعم يتحدث عن مفاجأة تلقاها من صاحب العقار

Source: Pixabay

The South Australian Employment Tribunal has ordered the owner of now-defunct Adelaide-based Trehan & Sharma Pty Ltd. to pay almost $90,000 for exploiting and underpaying one of its former cooks.

Indian cook Rajesh Salaria came to Australia in the hope of making a better life for himself and his young family.

But instead, he was exploited and forced to live on a meagre salary of just $7 an hour, a fraction of the minimum wage of $18.93 for his work across various restaurants operated by the said company in Adelaide.

As a result, he started driving a taxi before and after his shift to make ends meet, violating his visa conditions and risking deportation.                                                                                                                                                   
The two Indian workers, employed as cooks, were threatened with violence, the court found.
Image for representation only Source: AAP
In 2016, Mr Salaria complained against the restaurant owner and a legal action commenced following an investigation. 

The Tribunal heard that Mr Salaria initially started working as a part-time employee of the pizza restaurant in 2014 and he was paid nothing at all.

He claimed that the restaurant owner told him this was training and he could get full-time paid employment and a visa sponsorship once he learned how to cook Indian food.

Mr Salaria eventually became a full-time employee but was required to pay back thousands of dollars from his pay as 'sponsorship fee' to his employer, leaving him with as little as $7 an hour, until he was made redundant in early 2016.

But he continued to work because he feared his visa would be cancelled and potential deportation to India, the Tribunal heard.
Tribunal Deputy President Stephen Lieschke said Mr Salaria had been “badly exploited through his deep desire to obtain a work visa and resulting vulnerability.” He has ordered the restaurant owner to pay the penalties within 21 days of the order.

Mr Salaria is currently on a bridging visa.

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2 min read
Published 29 January 2019 4:24pm
Updated 30 January 2019 1:03pm
By Avneet Arora

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