Fair Work Ombudsman
Citation: FWO-2024-02-02-mr-viet-litigation-media-release
At a glance
- Respondent
- Viet Quoc Mai and Huong Le
- Penalty
- $400,000
- Employees affected
- 36
- Awards cited
- MA000173, MA000232, MA000233
What happened
The Fair Work Ombudsman has commenced legal action against the Respondent and his partner, who operate two Vietnamese eateries in Adelaide. They are accused of allegedly underpaying 36 workers, primarily Vietnamese international students, a total of $407,546 between January 2018 and September 2021. Five of the workers were juniors aged 18 to 20. The alleged underpayments ranged from $74 to $58,592. Inspectors discovered the underpayments during audits in April 2021. Workers held casual roles as kitchen attendants, customer service staff, and bar/waitstaff.
What was decided
The Fair Work Ombudsman is taking legal action against the Respondent and his partner for alleged serious contraventions of the Fair Work Act. The alleged breaches include underpayments, falsified records, unlawful deductions, and failure to pay penalty rates. The court will determine the outcome. The Fair Work Ombudsman highlighted that those who exploit workers and mislead inspectors face significant penalties, with potential penalties up to ten times the usual amount due to the seriousness of the contraventions.
What it means for employers
Employers, particularly in the fast food, restaurant, and café sectors, must ensure compliance with workplace laws. This includes accurate record-keeping, paying correct wages and entitlements, and avoiding unlawful deductions. Employers should be aware that exploiting vulnerable workers and attempting to mislead inspectors carries significant financial penalties.
What it means for employees
Employees, especially migrant and young workers, should be aware of their workplace entitlements and seek assistance from the Fair Work Ombudsman if they suspect underpayment or other breaches of workplace laws. Free advice and assistance is available, even in multiple languages.
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https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/february-2024/20240202-mr-viet-litigation-media-releaseWant more cases like this?
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This summary was drafted 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 →