All employees in Australia, including international students, have basic rights and protections in the workplace, including minimum pay and conditions.
In an empowering display of courage and perseverance, international student Thi An Trinh has won a significant victory before the South Australian Employment Tribunal. Her case – underpayment of almost $1,300 in wages for one month’s work – sends a powerful message about worker rights.
In April 2024, Ms Trinh, then studying in Australia on a student visa, worked at Abundance Cafe in Rose Park, Adelaide. During her employment there, Nicholas James Llewellyn and his company, The Clean Kitchen Pty Ltd, was found to have failed to pay a wage and superannuation, and provide pay slips. Ms Trinhs’ attempts to recover her wages were ignored by her boss, Mr Llewellyn.
Ms Trinh took matters into her own hands and represented herself at multiple tribunal hearings. She reached out for support from the Fair Work Ombudsman, the Working Women’s Centre, and former colleagues in presenting her case. Mr Llewellyn was found to have engaged in similar conduct of making late or no payments to four other staff, in response to their complaints of not being paid their due entitlements.
The tribunal’s deputy president, Stephen Lieschke, ruled that while the underpayment amounts were “relatively modest”, the circumstances demonstrated a “high need for specific deterrence”.
“[Ms Trinh] explained that as a foreign student, even a week’s wages were vital to meeting basic needs of rent, food and bills,” he shared. “The withholding of pay records substantially increases the degree of difficulty faced by employees seeking their entitlements… Not providing any time and payment records is a common tactic deployed when cheating employees, as was the likely intention here.”
As Ms Trinh had brought the prosecution on herself, Mr Lieschke ordered The Clean Kitchen to pay her $30,000 and Mr Llewellyn to pay her $25,000.
What this means for international students
- Know your rights: Australian employment laws protect all workers equally. Make sure you understand your rights.
- Use your resources: There are trusted bodies like the Fair Work Ombudsman (FWO) and community advocacy groups ready to assist if you need help or advice – never hesitate to reach out. You can seek the FWO’s assistance without fear of your visa being cancelled.
- Speak up: Silence can enable ongoing mistreatment. If something feels wrong, stand firm. Your wellbeing and fairness are not negotiable.
