AN EMPLOYER likened to “the boy who cried wolf” has been ordered to pay $12,000 to a 457 visa holder sacked for allegedly sharing details of a “doomsday” email.

Hasmik Kozmanyan filed an unfair dismissal application after being let go by Queensland restaurant chain Mecca Bah in March, for allegedly breaching the confidentiality provisions of her employment contract.

The previous month, Mecca Bah director Garry Simonian sent an email to a number of employees including Ms Kozmanyan complaining about the poor state of the business. “This is insane,” he wrote.

“I think we should be closing on all the lunches. I can’t afford wages anymore. Can you guys start looking for new work. Business has gone backwards and I can’t pay anymore.

“My financial numbers are out and I can tell you that you guys made more money than the restaurant in 2016 calendar year and I need only one supervisor in Mecca Gold Coast and that’s starting as of this week.”

On February 27 she received an email giving her four weeks’ notice “due to financial difficulties and losses of Mecca Bah”. On March 12, the company’s accountant sent another email to Ms Kozmanyan and another worker summarily dismissing them.

“It has come into Garry’s attention from the Mecca Bah landlord and other individuals that female manager/s has been spreading the rumours to customers in regard to Mecca Bah will be closing very soon and also about being sacked from job,” he wrote.

“You have breached the confidentiality act of your agreement which (sic) you have left your employer with no choice but immediately dismissing your employment for serious misconduct in breaching the confidentiality.”

Ms Kozmanyan, who had worked at the chain since 2013, told Fair Work the “doomsday” email on February 5 was not a unique occurrence and that Mr Simonian had regularly threatened the employment and visas of sponsored workers.

In a November 2016 email tendered to the Commission, he told Ms Kozmanyan he couldn’t “understand why I’m sponsoring three managers in GC and they still can’t manage a small venue”. “I need to inform the immigration as well since you guys misleading me about your skills,” he wrote.

Mr Simonian told Fair Work that Ms Kozmanyan and the other staff member “were clearly (in) breach of their visa conditions and also they had the most verbal and written warnings”. “We as a company had failed (been unaware of the breach) to report them to Immigration,” he wrote.

Fair Work Commissioner Bernie Riordan ruled that Mr Simonian did not conduct an investigation into the alleged conduct and Ms Kozmanyan “did not receive a ‘fair go’ during the process”.

“There is no doubt that Mr Simonian regularly expressed concerns about the (Mecca Bah’s) viability,” Mr Riordan said.

“Mr Simonian regularly questioned the applicant’s capacity and skills, however, the threats made were never followed through with any action. Mr Simonian’s consistent actions remind me of Aesop’s Fable titled The Boy who cried Wolf.

“Based on Mr Simonian’s usual practice, I am of the view that the respondent would not have terminated the applicant if it were not for the alleged and unproven breach of confidentiality.”

Ms Kozmanyan must now leave Australia as a result of being sacked and has withdrawn her permanent residency application, forfeiting the $6000 application fee.

Mr Riordan said he was “concerned about the respondent’s apparent business practices”.

“It would appear that the respondent’s business model is based around the use of sponsored overseas workers,” he said.

“I am aware that the applicant has lodged a complaint with the Fair Work Ombudsman. I make no comment about the veracity of the applicant’s claim.

“However, if the applicant is proven to have been underpaid by the respondent, then it brings into question the respondent’s business model which may require an investigation by the relevant Commonwealth authorities.”

Mr Riordan found Ms Kozmanyan had been unfairly dismissed. Mecca Bah has been ordered to pay her 17 weeks’ wages minus tax, for a total of $12,295.62.