A Perth restaurant owner is facing court for alleged staff underpayments. Image: nursinghomenegligencemalpracticeaccidentsab

Vincenzo Salvatore Todaro, the owner/manager of Venezia restaurant on Pier Street in Perth's CBD is facing court for allegedly underpaying two staff members $78,000.

The Fair Work Ombudsman alleges Todaro was involved in underpaying a cook $53,635 and a kitchen hand $24,419 between March 2006 and December 2007.

The two employees, an immigrant husband and wife duo from China who speak little English, were employed at the restaurant through VST Pty Ltd, a company operated by Todaro.

The employees successfully sued VST in 2010, securing Orders for outstanding entitlements to be back-paid, including the $78,054. The Court found that the two employees had regularly been paid less than $10 an hour, leading to them each being underpaid hundreds of dollars per week.

However, soon after the Court ruling, VST ceased trading and ownership of Venezia restaurant was transferred to a new company, also owned by Todaro - VCR Pty Ltd -  leaving the two employees unable to secure back-payment from VST.

The Fair Work Ombudsman is now asking the WA Industrial Magistrates Court to find that Todaro was personally involved in the underpayments.

It is alleged Todaro was involved in 10 contraventions of workplace laws. The maximum potential penalty per contravention is $6,600.