Burger company Grill'd has sacked a young employee who says she was targeted for speaking out against a WorkChoices-era agreement that denies staff penalty rates and pays below-award wages.
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Kahlani Pyrah, 20, was employed at the Grill'd outlet in Camberwell, where she began an effort to terminate the company's 2007 wage deal in favour of the basic restaurant industry entitlements.
The workplace agreement for five Melbourne Grill'd outlets pays adult staff a flat hourly rate of $17.52 and no weekend penalty rates. Under the restaurant award, adult grade 2 staff would be receiving almost $18.47 an hour and up to $27.71 an hour at weekends including penalty rates.
The Grill'd deal also requires workers to buy their own uniforms and undertake unpaid training outside work hours.
Ms Pyrah requested that management pay full award entitlements and circulated a petition, signed by eight co-workers.
She later launched a legal application to replace the contract with the modern award, which is scheduled for a hearing at the Fair Work Commission later this week.
But Ms Pyrah was sacked 10 days after filing the proceedings because of accusations she had been bullying two senior male store managers.
The owner-operator of the Camberwell branch and multiple other Grill'd outlets in Melbourne's south-east will face a Federal Court application on Monday to reinstate Ms Pyrah.
Hospitality union United Voice, supporting Ms Pyrah, said the bullying claims were baseless and only made in a bid to "silence her and force her out of her job".
"It's disgusting treatment," union state secretary Jess Walsh said.
"Kahlani's case is a shocking example of just how hard it is for vulnerable workers to join together and have a voice at work."
A Grill'd spokeswoman said Ms Pyrah's claims were "vigorously denied by management and would be strongly defended".
She said the workplace agreements in place at Grill'd restaurants were legally valid and ensured lawful rates of pay for all employees.
"Grill'd Camberwell is a small family-owned franchise business," the spokeswoman said.
"The franchise partners at this restaurant work very hard to make staff and community responsibilities their highest priority."
Ms Pyrah said she was devastated at how she had been treated for speaking out and trying to lift workplace pay and conditions.
"I want my job back. I want my workmates to get paid the award minimum and I want Grill'd to respect our right to join an union and speak out," she said.
"This job means so much to me. I am good friends with my co-workers and I really like working there. I come from regional Queensland and this job allows me to support myself while I study here in Melbourne."
Ms Walsh said Ms Pyrah had been brave for speaking up on behalf of workers and asking Grill'd to respect their legal rights.
She said there was a "toxic culture" in many hospitality venues across Australia.
"Our office is inundated by calls from workers being bullied, intimidated and underpaid," she said.
"We want to send a strong message to employers: this kind of treatment of vulnerable workers has to stop now."
n.toscano@fairfaxmedia.com.au
