Fair Work Ombudsman
At a glance
- Mr Viet trading as Mr Viet
- $802,000
- 36
What happened
The Fair Work Ombudsman secured penalties and compensation after the Applicant and her partner, operators of two 'Mr Viet' Vietnamese eateries in Adelaide, underpaid 36 migrant workers. The workers, mostly Vietnamese international students aged under 25, were employed between January 2018 and September 2021. They were paid as little as $15 an hour, significantly below minimum wage. The couple also made employees pay for bubble tea and other items, and deducted money from pay for alleged customer errors. the Applicant attempted to deceive Fair Work inspectors by falsely claiming to back-pay workers.
What was decided
The Federal Court ordered the Applicant to back-pay $407,546 plus interest and superannuation. He received a $265,000 penalty, and his partner received a $130,000 penalty for her involvement. The court found the couple contravened workplace laws including underpaying minimum rates, failing to provide meal breaks, and giving false records to inspectors. Justice Stephen McDonald described the Applicant's actions as a 'calculated and dishonest course of conduct'.
What it means for employers
Employers must ensure they are paying employees at least the minimum wage and providing appropriate entitlements. Maintaining accurate records and being truthful with regulators is crucial. Exploiting vulnerable workers, particularly migrant workers, will result in significant penalties.
What it means for employees
Employees, especially those on visas, should be aware of their workplace rights and feel comfortable reporting any concerns to the Fair Work Ombudsman. Visa holders should be reassured that reporting breaches will not negatively impact their visa status.
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