According to reports by The Sun-Herald, employees for the Escarpment Group, are coerced into signing falsified time sheets that record only 38 hours of work per week, while handwritten time sheets and rosters show they work up to 50 hours each work.
Additionally, The Sun-Herald claims a fortnightly $960 rent payment is also automatically deducted from employee’s wages, yet not recorded on their payslips.
Workers who ask to move out of the accommodation says they are threatened with the termination of their contract and visa.
Employment lawyer Sharmilla Bargon from the Redfern Legal Centre says employers have a legal obligation to keep accurate time sheets. They are also required to provide pay slips that reflect the total number of hours worked and that any deductions should “absolutely” be recorded.
“If an employer is found to have falsified work records, a court can order them to pay significant penalties of up to $63,000 for each contravention,” Bargon says.
Andrew Stewart, a professor of law at the University of Adelaide, said it was possible that a deduction for food and lodging could be reasonable, but it had to be for the employee’s benefit and at a reasonable cost. “If they are being forced to stay in particular accommodation, it throws up all kinds of red flags in terms of restrictions in the Fair Works Act,” he says.
Workers have also claimed that money was deducted from their salary for three meals per day, yet many meals were not provided at all.
In a statement, the Escarpment Group says it is under the investigation of the Department of Home Affairs and Fair Work and denies underpaying or exploiting any of its employees or interns, including those on 407 visas.
Read the full article here (Newsline, 6 July 2019)
