Massage parlour workers sacked for falling in love win unfair dismissal
Two massage parlour workers sacked for starting a relationship with each other have won their unfair dismissal claim.
The Fair Work Commission awarded the pair almost $40,000 compensation as a result.
In addition, their employer is now facing up to a year in prison for allegedly giving false and misleading evidence to the Commission.
The background
Colin Elvin formerly owned and operated the Foot and Thai massage parlour in Canberra, along with manager, Jun Puerto
It’s alleged the pair underpaid a number of workers from the Philippines almost $1 million.
They allegedly transported the workers to and from the massage parlour in a van each day.
They provided accommodation at a house with locked gates to stop the workers from leaving during the night.
Elvin and Puerto threatened to kill the workers’ families in the Philippines if they complained about the working conditions.
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Massage parlour workers sacked for falling in love
In 2015, Delo Be Isugan, a massage therapist, started a secret relationship with Bart Durado, a handyman at the business.
Isugan later discovered Elvin had found out about the relationship and planned to sack her and send her back to the Philippines.
Previously, Elvin banned staff from having relationships in Australia.
So, late on the night of Sunday 26 October, Isugan ran away from the house where she lived with the other workers.
Durado told the Commission that after Elvin and Puerto threatened Isugan with the sack, the couple came up with the escape plan.
The day after Isugan ran away from the house with Durado’s help, Elvin fired Durado from his job.
Delo Be Isugan now works for a different massage parlour in Canberra.
Constructive dismissal
Even though Isugan technically left her employment, the Commission found Elvin and Puerto had “constructively dismissed” her.
It said they pair forced her to leave her job as a result of their actions in threating to send her back to the Philippines.
Deputy president John Kovacic described Isugan’s dismissal as “harsh, unjust and unreasonable” and Durado’s dismissal as “unjust and unreasonable”.
Mr Kovacic ordered Elvin and Puerto to pay Isugan $29,228 and Durado $8,000 in outstanding wages.
Employers cannot cancel a worker’s visa
Industrial advocate Miles Heffernan from IR Claims says employers cannot cancel a person’s temporary work visa.
“The only people who can cancel someone’s visa is the Department of Home Affairs,” he said.
“Unfortunately, many overseas workers don’t know their workplace rights, so that makes them vulnerable to exploitation.”
Recently, the Fair Work Ombudsman announced an agreement with the Department of Home Affairs.
The agreement ensures that overseas workers who come forward to make complaints about underpayments will not have their visas cancelled.
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False and misleading evidence
Authorities are now investigating Elvin and Puerto for allegedly giving false and misleading evidence to the Fair Work Commission.
They face up to one year in prison.
The pair is also due in the Federal Court in October over underpayment allegations, in addition to the threats made to their other workers.
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