International Student Scores Major Win in Wage Justice Case

All employees in Australia, including international students, enjoy basic rights and protections in the workplace, such as minimum pay and working conditions.

In a brave stand for worker rights, international student Thi An Trinh recently achieved a significant victory at the South Australian Employment Tribunal. Her case focused on the underpayment of nearly $1,300 for one month’s work, sending a powerful message about the importance of knowing your rights.

In April 2024, while studying on a student visa, Ms Trinh worked at Abundance Cafe in Rose Park, Adelaide. During her time there, her employer, Nicholas James Llewellyn, and his company, The Clean Kitchen Pty Ltd, failed to pay her wages, superannuation, or even provide pay slips.

Ms Trinh’s attempts to resolve the issue directly with Mr Llewellyn were ignored, prompting her to take action.

Taking matters into her own hands, Ms Trinh represented herself at several tribunal hearings. She sought support from the Fair Work Ombudsman and the Working Women’s Centre, as well as from former colleagues, to present her case effectively. The Tribunal found that Mr Llewellyn had also mistreated four other staff members regarding their payments.

Deputy President Stephen Lieschke emphasised that while the amounts involved were not huge, the case highlighted a significant need for specific deterrence. He noted, “As a foreign student, even a week’s wages are crucial for meeting essential needs like rent, food, and bills. The withholding of pay records makes it even harder for employees to claim their entitlements.” This underscores the critical issue of employment rights for international workers.

Ultimately, the tribunal ordered The Clean Kitchen to pay Ms Trinh $30,000 and Mr Llewellyn $25,000 in compensation. This ruling is important for all international students and workers in Australia.

What This Means for International Students

Know Your Rights

Understanding your rights is vital. Australian employment laws protect all workers, including international students, equally. Make sure you’re familiar with your entitlements regarding pay, hours, and conditions. You can find helpful resources from the Fair Work Ombudsman.

Use Your Resources

Never hesitate to reach out for help. Trusted organisations like the Fair Work Ombudsman and community advocacy groups are available to assist you if you encounter problems at work. Importantly, seeking help won’t affect your visa status.

Speak Up

If something feels wrong, don’t stay silent. Speaking up can prevent further mistreatment, and your well-being is paramount. It’s essential to advocate for yourself and ensure you receive fair treatment in the workplace.

Ms Trinh’s case serves as a powerful reminder that every worker has the right to receive fair pay and conditions, regardless of their visa status. If you’re considering moving to Australia or New Zealand for work or study, remember that knowing and asserting your rights plays a crucial role in creating a positive experience.

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