- Case Overview
- What Happened
- Her Actions
- The Outcome:
- Why This Case Matters
- Tribunal Notes Deterrent Effects
In a landmark outcome in early August 2025, international student Thi An Trinh successfully sued her employer, The Clean Kitchen Pty Ltd (Abundance Café, Rose Park), after being denied $1,282 in wages, superannuation, and pay slips for a single month’s work in April 2024.
Undeterred by her status as a foreign student, she represented herself in tribunal proceedings and won the case.
Case Overview
- Who: Thi An Trinh, an international student working on a student visa.
- Where: Abundance Cafe in Rose Park, Adelaide, Australia
What Happened
In April 2024, Thi An worked for one month but was not paid wages, superannuation, or given pay slips. Despite her repeated attempts to recover her rightful pay, her employer ignored her.
Her Actions
Unlike many in her position, Thi An chose to represent herself at the South Australian Employment Tribunal. The process was arduous as she conducted her own research and sought support from the Fair Work Ombudsman, the Working Women’s Centre, and fellow colleagues who had also experienced similar mistreatment.
Her determination was rooted in necessity. As an international student, making your ends meet is necessary.
The Outcome:
The South Australian Employment Tribunal found that the employer, Nicholas James Llewellyn (The Clean Kitchen Pty Ltd), had deliberately underpaid staff and withheld documentation.
Thi An was awarded $30,000 by the company, with Llewellyn personally obligated to pay an additional $25,000—a total of $55,000.
His findings highlighted that while the monetary amount was relatively modest, the actions taken by Llewellyn were serious and carried deeper implications.
Deputy President Lieschke emphasized that this punishment was intended not only to compensate Thi An but also to deliver a strong deterrent message against future exploitation, especially of vulnerable workers like international students.
Llewellyn was found to have knowingly contravened the Fair Work Act by withholding key records, including payslips and wage documentation, which made it substantially harder for employees to verify and claim their entitlements.
Why This Case Matters
Despite being in a vulnerable position as an international student, Thi An stood up for her rights through legal channels and advocacy.
Tribunal Notes Deterrent Effects
The tribunal noted a “high need for specific deterrence,” signaling that such employer behavior won’t be tolerated.
The tribunal, led by Deputy President Stephen Lieschke, found that the employer had intentionally engaged in systematic underpayment and deceptive practices affecting Thi An and at least four other staff members.
He noted that the lack of pay documentation was a deliberate tactic to hinder employees from asserting their rights. As such this constituted more of a deliberate legal exploitation, experts note.
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