The husband and wife team of a Vietnamese restaurant in Hobart have faced the Fair Work Ombudsman in court after it was alleged they underpaid two workers, who are their family members, more than $175,000.
Vina Yummy Kitchen is located in Sandy Bay, Tasmania, and is operated by Xuan A Tran and her husband Quang Manh Dong, with the couple employing Tran’s sister and her husband to work at the restaurant.
It was found the two employees were underpaid a total of $175,000 between 2015 and 2019 across ordinary hours, public holiday and overtime rates and leave entitlements.
Tran is also accused of providing inspectors from Fair Work with false records, with the couple breaching record-keeping and pay slip laws alongside the underpayments.
“All employers in Australia need to pay their employees in line with Australia’s workplace laws – or they risk facing significant consequences,” says Fair Work Ombudsman Anna Booth.
“Employers also need to be aware that taking action to protect vulnerable workers, including visa holders, and improve compliance in the fast food, restaurant and café sector are among our top priorities.”
The workers were back-paid in full once the Fair Work Ombudsman commenced legal action against the business, with the Federal Circuit and Family Court imposing a penalty of $45,532.80 against Tran and a 23,990.40 penalty against Dong.
The couple have been ordered to complete an online learning course for employers and commission training on workplace relation laws.