Case Law Database

Trafficking in persons

Flattery v the Italian Eatery T/As Zeffirelli'S Pizza Restaurant

Fact Summary

The owners of an Italian restaurant by the name of Zefirelli’s in Canberra were prosecuted for breaches of the Workplace Relations Act 1996. Ms D.S.C. and Mr N.E.A. were offered employment at the restaurant, and arrived in Australia from the Philippines on Subclass 457 visas sponsored by the owners of Zeffirelli’s. After investigations were conducted by the Office of Workplace Services, The Italian Eatery Pty Ltd was charged with several breaches of the Act during the employment of D.S.C. and N.E.A., mainly concerned with failure to pay overtime and other penalty rates..

There have been media reports and accounts in the Parliamentary Debates that D.S.C. from the above case, as well as a number of other workers recruited with her were “sold” by John Harrington and Ashley Delandar, their original employers, to Zeffirelli’s for between $6000 and $8000 each. However, there is no evidence of this taking place and there has been no case against either Harrington or Delandar. There is insufficient evidence to suggest that these incidents were instances of trafficking rather than labor exploitation.

Author:
UNODC

Keywords

Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Acts:
Recruitment
Transportation
Means:
Threat or use of force or other forms of coercion
Abuse of power or a position of vulnerability
Purpose of Exploitation:
Slavery or practices similar to slavery
Servitude
Form of Trafficking:
Internal
Sector in which exploitation takes place:
Hotel/Restaurant/Bar

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)

Offending

Details

• occurred across one (or more) international borders (transnationally)

Involved Countries

Australia

Philippines

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Civil
 

Victims / Plaintiffs in the first instance

Victim:
D.S.C.
Gender:
Female
Nationality:
Filipino
Victim:
N.E.A.
Gender:
Male
Nationality:
Filipino

Defendants / Respondents in the first instance

Defendant:
The Italian Eatery Pty Ltd/Zeffirelli
Legal Reasoning:

During the trial, it was established that D.S.C. and N.E.A. were in an extremely vulnerable position, and had felt forced to comply with the directions of their employers. The court ordered that the outstanding debts be paid immediately with interest, and imposed a $50,000 penalty.

Charges / Claims / Decisions

Defendant:
The Italian Eatery Pty Ltd/Zeffirelli
Legislation / Statute / Code:
The Workplace Relations Act 1996
Charge details:
Breaches of the Workplace Relations Act 1996
Verdict:
Guilty

Sources / Citations

Labour Trafficking in Australia http://www.law.uq.edu.au/labour-trafficking-in-australia