Vina Yummy Restaurant: Sandy Bay eatery’s owners underpaid two workers by $175,000

A popular Sandy Bay restaurant’s husband-and-wife owners will be forced to stump up tens of thousands in penalties after they underpaid two family members in their employ. Full details.

Vina Yummy Restaurant Sandy Bay. Picture: Facebook

A popular Hobart restaurant’s husband-and-wife owners will be forced to stump up tens of thousands in penalties after they underpaid two family members in their employ.

Xuan A Tran and her husband Quang Manh Dong, the owners of Sandy Bay eatery Vina Yummy Restaurant were fined a total of $69,523.20 by the Federal Circuit and Family Court after the couple admitted to underpaying two employees – Ms Tran’s sister Hai Tran and sister’s husband Khanh Nguyen.

Ms Xuan Tran and Mr Dong assisted the two affected workers to move to Australia from Vietnam and acted as visa sponsors for Ms Xuan Tran’s sister.

The pair were underpaid a total of $175,000 between 2015–19, the Fair Work Ombudsman said in a statement.

According to the ombudsman, the pair were underpaid minimum rates for ordinary hours, public holiday and overtime rates and leave entitlements, with Ms Tran furnishing false records to Fair Work inspectors during the investigation.

Ms Tran and Mr Dong were also found to have breached record-keeping and pay slip laws.

The ombudsman launched an investigation into the restaurant after the affected workers lodged requests for assistance.

Vina Yummy Restaurant Sandy Bay owners Xuan A Tran and her husband Quang Manh Dong. Picture: Facebook

According to the ombudsman, the two affected workers were only back-paid in full after legal proceedings were commenced.

Judge Sandra Taglieri found Bs Xuan Tran and Mr Dong’s breaches “largely reflected their naivety, casual attitude and inexperience of the laws governing employment relationships in Australia”.

“This does not excuse [their] contraventions, but it does distinguish the conduct from deliberate and flagrant breaches by a knowledgeable or sophisticated employer,” she said.

Judge Taglieri found the risk of further breaches was “low” and that the back-pay, combined with the payment of penalties would impact upon the small family business “considerably”.

Fair Work Ombudsman Anna Booth said the case served to highlight that all workers in Australia have the same rights, regardless of nationality or visa status.

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“All employers in Australia need to pay their employees in line with Australia’s workplace laws – or they risk facing significant consequences,” Ms Booth said.

“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 cafe sector are among our top priorities.

“Any employee with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”