Indian restaurant chef paid for employment opportunity, ERA finds

Monday, 5 September 2016

Owners of an Indian restaurant must reimburse a former migrant employee who paid tens of thousands of dollars for a job opportunity.

The Employment Relations Authority (ERA) has ordered Curry Pot on Lincoln to pay Kapilaben Patel more than $42,000 in unpaid wages and reimbursements.

Patel and her husband moved to New Zealand from India in November 2006. The Lincoln, Canterbury restaurant employed Patel from August 2011 to July 2014.

She started as an assistant manager. A second individual employment agreement from January 2012 described Patel as a chef.

Patel and her husband gave evidence that an agreement was made where they would pay $15,000 in exchange for a job for Patel and support for a work visa and permanent residency. 

The couple paid $14,400 in premiums. 

The ERA found the payments contravened the Wages Protection Act.

The couple had already been reimbursed $3000, so the ERA ordered the remaining $11,400 be paid.

Patel's husband said during the three-day investigation he knew 'you did not need to pay for a job' in New Zealand, but he did so his wife would get a work permit and residency.

The restaurant was ordered to pay Patel a further $31,413.19 for unpaid wages, working on public holidays and holiday pay from 2011 to 2014.

Curry Pot had agreed to reimburse Patel $750.

The firm accepted 'there may be some statutory holiday pay owing to Mrs Patel, but disputes all other amounts claimed', the ERA decision said. 

Curry Pot did not accept Patel worked the hours she claimed or that premiums were paid, it said. 

'Advances may have been made from Mrs Patel to staff at Curry Pot but these, aside from one payment of $5000 into the Curry Pot account, were personal in nature and not premium payments and they have nothing to do with Curry Pot', it said.