Sandy Bay Vietnamese restaurant chased for $250K in alleged underpayments to workers
The Fair Work Ombudsman is taking legal action against a Sandy Bay Vietnamese restaurant accused of underpaying staff more than $250,000.
Hobart & South
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A VIETNAMESE restaurant in Sandy Bay is being prosecuted by the Fair Work Ombudsman after allegedly underpaying two of its employees more than $250,000.
Xuan Tran and Quang Manh Dong, who operate Vina Yummy Kitchen at the Mayfair Plaza, will face the Federal Circuit Court in October after the two Vietnamese nationals – a married couple – lodged a request for assistance.
The pair – one of whom is Ms Tran’s sister – were allegedly recruited by the operators in Vietnam and moved to Australia to work at the restaurant between August 2015 to August 2019.
They worked at the dine-in and takeaway restaurant in cooking, food preparation, waiting tables and serving customers and were allegedly paid varying pay rates between $7.82 and $21.50 net per hour.
According to the Fair Work Ombudsman, the partnership acted as a visa sponsor for Ms Tran’s sister.
However, it is now alleged that Ms Tran and Mr Dong breached the Fair Work Act by requiring the employees to repay a total $10,810 of their wages and entitlements in cashback payments.
It is also claimed one of the workers was underpaid minimum rates for ordinary hours, leave entitlements, and entitlements for weekend and overtime work, leading to a combined total of $250,312 in underpayments.
It is further alleged the partnership failed to make and keep records, did not give their workers any pay slips and provided the Ombudsman with false records.
Ombudsman Sandra Parker said cases involving the alleged underpayment of visa
holders were treated particularly seriously, as they could be vulnerable to workplace exploitation.
“All workers have the same rights in Australia regardless of nationality or visa status and anyone with concerns about their pay or entitlements should contact the FWO for free assistance,” she said.
The Ombudsman is seeking court-imposed penalties against Ms Tran and Mr Dong, and court orders requiring them to back pay the workers, plus interest.
The partnership has repaid the workers $6157.
A directions hearing has been listed for October 7.
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