Extract from The Guardian
A Northern Territory mango farmer has been accused of paying backpackers as little as $2 an hour, and in some cases not paying them anything at all.
The man, Vinai Chaipom, is accused by the Fair Work Commission of underpaying 11 backpackers from Germany, France, Italy, the Netherlands, the United Kingdom and Taiwan, as well as one permanent resident from New Zealand, by almost $36,000 for work on three nearby farms over a two-month period.
They were employed by the Mango Shop in Humpty Doo, a business registered to Belgian national Andrea Delafonteyne, who arrived on a working holiday visa but is now an international student. Her social media account suggests she is in a relationship with Chaipom, and the Fair Work Ombudsman has alleged Chaipom controlled the business and was the true employer.
Three of the backpackers and the New Zealand national were allegedly paid nothing for their work, and others allegedly received wages to the equivalent of $2.68 to $4.76 an hour.
The rates are far below the casual award rates of $19.45 to $21.61 per hour.
The ombudsman wrote to the Mango Shop in February requesting the employees be repaid, but it did not occur and the matter will now go to the federal circuit court. Maximum penalties range from $5,400 to $10,800 per contravention.
Most of the employees have now left the country but the ombudsman, Natalie James, cited the alleged serious exploitation of vulnerable workers and the fact Chaipom had been previously “put on notice” about minimum rates as factors in the decision to pursue the matter in court.
Chaipom has been contacted for comment.
Chaipom changed his name in December last year from William Nicholas O’Donnell, the NT News reported. O’Donnell had previously served time in prison for assault and deprivation of liberty after posing as a tour guide and taking three backpackers, aged between 19 and 25, into Litchfield national park in 2014.
He pleaded guilty to four offences, including assault – for threatening the three with a knife – and detaining one woman against her will.
According to the judge’s sentencing remarks, after the woman rejected his advances O’Donnell had insisted she sleep in the same vehicle, where he prevented her from leaving on a number of occasions, and at one point masturbated in front of her.
She fled and spent the night hiding in the bush before seeking help from two tradesmen the following morning.
O’Donnell left by himself in the morning and was apprehended at a police roadblock. He served 11 months of a two-year jail sentence and, after being charged with breaching his release terms, was ordered not to have any women under the age of 40 on his property.
The man, Vinai Chaipom, is accused by the Fair Work Commission of underpaying 11 backpackers from Germany, France, Italy, the Netherlands, the United Kingdom and Taiwan, as well as one permanent resident from New Zealand, by almost $36,000 for work on three nearby farms over a two-month period.
They were employed by the Mango Shop in Humpty Doo, a business registered to Belgian national Andrea Delafonteyne, who arrived on a working holiday visa but is now an international student. Her social media account suggests she is in a relationship with Chaipom, and the Fair Work Ombudsman has alleged Chaipom controlled the business and was the true employer.
Three of the backpackers and the New Zealand national were allegedly paid nothing for their work, and others allegedly received wages to the equivalent of $2.68 to $4.76 an hour.
The rates are far below the casual award rates of $19.45 to $21.61 per hour.
The ombudsman wrote to the Mango Shop in February requesting the employees be repaid, but it did not occur and the matter will now go to the federal circuit court. Maximum penalties range from $5,400 to $10,800 per contravention.
Most of the employees have now left the country but the ombudsman, Natalie James, cited the alleged serious exploitation of vulnerable workers and the fact Chaipom had been previously “put on notice” about minimum rates as factors in the decision to pursue the matter in court.
Chaipom has been contacted for comment.
Chaipom changed his name in December last year from William Nicholas O’Donnell, the NT News reported. O’Donnell had previously served time in prison for assault and deprivation of liberty after posing as a tour guide and taking three backpackers, aged between 19 and 25, into Litchfield national park in 2014.
He pleaded guilty to four offences, including assault – for threatening the three with a knife – and detaining one woman against her will.
According to the judge’s sentencing remarks, after the woman rejected his advances O’Donnell had insisted she sleep in the same vehicle, where he prevented her from leaving on a number of occasions, and at one point masturbated in front of her.
She fled and spent the night hiding in the bush before seeking help from two tradesmen the following morning.
O’Donnell left by himself in the morning and was apprehended at a police roadblock. He served 11 months of a two-year jail sentence and, after being charged with breaching his release terms, was ordered not to have any women under the age of 40 on his property.
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