An Adelaide magistrate slams convenience store chain OTR, finding a culture of unpaid work after an employee was systematically underpaid and docked wages for meal breaks that did not occur.
The operator of Adelaide convenience store chain On The Run has been ordered to pay almost $65,000 to a low-paid employee who was forced to work for free.The magistrate found worker was systematically underpaid for hours worked and overtimeThe decision was handed down by Magistrate Stephen Lieschke in the South Australian Employment Tribunal on Friday.
"It is objectively very serious. It was deliberate exploitation of a low-paid hard-working employee. It was not careless or the result of a mistake."While the magistrate accepted OTR had implemented an automated timebook, he said the company had made no changes to its system of rostering or informed workers of their rights.
The court earlier found OTR underpaid the same worker nearly $3,000, a decision that was later upheld by the Federal Court.Magistrate Lieschke said the larger pecuniary costs should act as a warning. The culture was reinforced in induction programs and with written instruction and fostered by senior managers.
He found meal breaks were not rostered, relief staff were not provided, and that the worker was told to eat prior to his shift and was advised not to use the toilet while at work.The site manager told the court that workers could take several short breaks, totalling 30 minutes, between serving customers.
He said it was damning that the site manager followed instruction from "higher up" and was not even aware penalty rates should be paid.The magistrate found OTR had no prior history of proven contraventions but there was no evidence of any reasonable steps at rectification.
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