Fair Work Ombudsman
Citation: FWO-2023-11-21-tran-and-dong-penalty-media-release
At a glance
- Penalty
- $70,000
- Employees affected
- 2
- Awards cited
- MA000173
What happened
Xuan A Tran and Quang Manh Dong, a husband-and-wife partnership operating 'Vina Yummy Kitchen' in Hobart, have been penalised by the Federal Circuit and Family Court. They admitted to underpaying two employees—Ms Tran’s sister and her sister’s husband, both Vietnamese nationals—a total of $175,000 between 2015 and 2019. The underpayment included failing to pay minimum rates for ordinary hours, public holidays, overtime, and leave entitlements. Ms Tran also provided false records to Fair Work inspectors. The couple assisted the workers to migrate to Australia and acted as visa sponsors for Ms Tran’s sister.
What was decided
The Federal Circuit and Family Court imposed penalties of $45,532.80 against Ms Xuan A Tran and $23,990.40 against Mr Quang Manh Dong. The court found the penalties were necessary to deter similar conduct, particularly in the restaurant industry. The couple back-paid the workers in full after the Fair Work Ombudsman commenced legal action. They have also been ordered to complete employer training courses. The Fair Work Ombudsman secured a total of $69,523.20 in penalties.
What it means for employers
Employers must comply with Australian workplace laws, including paying minimum rates, public holiday, overtime, and leave entitlements. Providing false records to inspectors is a serious offence. Employers sponsoring visa holders must also adhere to workplace laws. The Fair Work Ombudsman prioritises protecting vulnerable workers, including visa holders.
What it means for employees
Employees, regardless of nationality or visa status, have the right to be paid correctly. Employees can seek free advice and assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. Visa holders have protections against visa cancellation when seeking help from the Fair Work Ombudsman.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/november-2023/20231121-tran-and-dong-penalty-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →