Fair Work Ombudsman
Citation: FWO-2025-09-18-chen-and-du-cn-penalties-media-release
At a glance
- Respondent
- Dumpling Land
- Penalty
- $10,479
- Employees affected
- 28
What happened
Kailiang Chen and Alex Du, operators of Dumpling Land in Wallsend, Newcastle, have been penalised by the Federal Circuit and Family Court. A Fair Work Inspector issued a Compliance Notice in August 2023 after finding potential underpayment of 28 workers, including young international students, between June 2021 and April 2023. The workers held full-time, part-time, and casual roles. While some back-payments were made, 10 workers still have outstanding amounts. The Fair Work Ombudsman investigated after surprise inspections of Newcastle eateries in April 2023.
What was decided
The Court imposed a $4,563.54 penalty on Kailiang Chen and a $5,915.70 penalty on Alex Du for failing to comply with the Compliance Notice. They must also pay $12,423 plus superannuation and interest to six workers and rectify underpayments to four others. Judge Natasha Laing emphasised the need for penalties to deter future non-compliance. The Fair Work Ombudsman secured nearly $23 million in penalties in cases involving visa holders in the seven years to June 2024.
What it means for employers
Employers, especially those employing vulnerable workers like visa holders and young people, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties and back-payment obligations. The Fair Work Ombudsman prioritises protecting vulnerable workers.
What it means for employees
Workers, particularly visa holders and young employees, should be aware of their workplace rights and entitlements. If they have concerns about underpayment or other breaches, they should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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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 →