Fruit shop owner ran from $55k underpayment
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Fair Work Commission will chase down a local fruit shop in Epping, Victoria, for underpayments of around $55k, which forced its accountant to resign.
The Fair Work Commission ruled an unfair dismissal case in favour of an assistant accountant on the grounds that she was forced to resign from The Fruit Hustle in late 2025 after working without payment for 10 weeks.
The accountant received none of her outstanding wages, accrued leave, or superannuation contributions, and as a result was forced to sell the family home and move to regional Victoria.
Yilmaz ruled this was a case of forced resignation constituting unfair dismissal, as The Fruit Hustle, an entity under The Trustee for LN Family Trust, “abandoned its duty under common law to pay the employee for work performed”.
“[The accountant] had no reason to resign after 9 years’ employment except for the action of her employer not paying wages,” the commissioner found.
The accountant alleged that upon resignation, The Fruit Hustle threatened that she would not be paid any of her outstanding wages.
In January, following her resignation, Lon Nguyen put the shop into external administration and re-registered the business as Your Food Connect Pty Ltd. His wife was appointed director.
“Payment of wages is a fundamental term of the contract of employment and failure to pay wages exhibits an intention to not be bound by the contract,” the commissioner said.
“Had the employer not failed to pay wages, the applicant would not have resigned.
“Had the Respondent not breached its contractual obligations, the employment relationship would have continued,” Yilmaz found.
In her decision, Yilmaz said Nguyen failed to respond to correspondence from the commission.
The telephone calls to the Respondent were not returned. Emails to the Respondent's business became undeliverable, further emails were then delivered to the respondent's director, Nguyen’s personal account.”
In requesting the commission’s general manager refer the matter to the Fair Work Ombudsman, Yilmaz said she was “not confident the respondent will comply with this order of compensation”.
Nguyen was ordered to pay her $48,698 in compensation for lost wages.
RELATED TERMS
Compensation is a term used to describe a monetary payment made to a person in return for their services. Employees get pay in their places of employment. It includes income or earnings, commision, as well as any bonuses or benefits that are connected to the particular employee's employment.
When a company terminates an employee's job for improper or illegitimate reasons, it is known as an unfair dismissal.
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Carlos Tse
Carlos Tse is a graduate journalist writing for Accountants Daily, HR Leader, Lawyers Weekly.
