The company’s sole director Ayang Sony had arranged for him to travel from China to work for her company under her direction and supervision - but that required a $16,500 premium. While Song claimed the money was a refundable deposit, it was not returned when Sun’s employment ended - something the Employment Relations Authority has now found to have been a breach of the Wages Protection Act 1983. Sun signed an employment contract to work 40 hours a week over five days at $22 an hour when he got the job. But, once he started in the job he was forced to work longer hours for less money. Some fortnights he wasn’t paid at all and others he was underpaid which reduced his hourly rate to below the minimum wage of $15.75 for the next 18 months. A thorough investigation concluded the company had breached minimum employment standards by failing to pay Sun the minimum wage for all hours worked, not paying time-and-a-half and providing alternative holidays for working public holidays, failing to keep full holiday and leave records, not paying for unworked public holidays, not keeping full wage and time records and not providing compliant employment agreements. The company also breached the act by taking the illegal premium payment from Sun to secure the job. The inspector found Sun was entitled to $65,503.78 for underpayment of wages, holiday pay, other allowances and required the company to pay that money to him.
In other words, they stole $65,503.78 from him and this does not even include the extracted surplus value.