A MAN who forced a migrant woman to work unpaid in several of his restaurants, including one in Bendigo, has walked free from court after being released to a good behaviour bond.
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Farok Shaik, 47, was sentenced by the Victorian County Court on Monday after pleading guilty to a charge of causing a person to remain in forced labour.
The charge related to a period between March and September 2013, when the woman worked at Shaik's restaurants in Bendigo, Yarrawonga and Beechworth.
The anti-slavery law used in the case only took effect in March 2013.
She was a migrant worker. You abused the power you had over her and exploited her on threat of deportation for your own financial gain.
- County Court Judge Michael Cahill
The victim arrived in Australia in 2007 on a higher education visa. In 2012 she and her husband answered an advertisement from Shaik, who was offering to sponsor migrant workers trying to secure permanent visas.
The court was told Shaik initially promised in 2012 to pay the victim $42,000 per year, plus superannuation, but the wages were never handed over despite regular requests.
The victim worried that if she did not continue to work she could be deported, and on one occasion Shaik threatened to hurt her.
The Australian Federal Police began investigating the case in 2015 after getting a complaint from Anti-Slavery Australia, and Shaik's restaurant in Wangaratta was searched in August 2016.
False payslips and an employment contract were found.
In sentencing, the County Court judge Michael Cahill said Shaik's offending had caused "great hardship and uncertainty" to the victim, who took on work with other employers to make ends meet.
"She was a migrant worker. You abused the power you had over her and exploited her on threat of deportation for your own financial gain," Judge Cahill said.
"By your crime you caused the victim great hardship and uncertainty about her future."
The court was told Shaik left the hospitality industry after the crime was uncovered, having previously operated six restaurants.
Judge Cahill said he accepted that Shaik had shown "some limited remorse" and had not committed any further crimes.
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The court imposed an 18-month prison sentence, but also agreed to release Shaik on a three-year good behaviour bond.
Shaik was previously prosecuted by Fair Work inspectors and in 2016 he was fined a little over $50,000 by the Federal Circuit Court.
