House of Hoi An Pty Ltd, which operated a Vietnamese restaurant trading as ‘House of Hoi An’ in Prahran, Melbourne, will face court in February over allegations two employees were underpaid.

Employees who had worked at the restaurant sought assistance from the Fair Work Ombudsman, with an inspector then issuing a Compliance Notice in October 2019. At the time, it was believed the company had underpaid three employees.

The two cooks and one food and beverage attendant were all visa holders, two from Vietnam and one from Sri Lanka.

It’s alleged the three employees were underpaid entitlements including minimum wage rates, casual loadings, annual leave entitlements and penalty rates for weekend, public holiday and night work between 2016 and 2019. 

The Compliance Notice required the company to calculate and back-pay the workers’ entitlements.

House of Hoi An Pty Ltd is facing maximum penalties of between $31,500 and $63,000 per contravention, while the company’s sole director Mr Keerthi Hapugasdeniya is facing maximum penalties of between $6,300 and $12,600 per contravention.

The FWO is also seeking orders for the company to comply with the Compliance Notice.

Image credit