A migrant worker who was forced to pay her employer a premium to secure herself a job has been awarded $42,813 by the Employment Relations Authority.
Kapilaben Patel was employed as a chef by Curry Pot on Lincoln Ltd for three years from 2011 until mid- 2014.
The ERA found that Patel and her husband had made payments of around $15,000 in return for a job offer with Curry Pot Indian restaurant in Lincoln and assistance and support with a work visa and a residency application. Evidence showed that $5,000 was paid to the Curry Pot Indian restaurant four months before Patel started working there and 11 days before an employment agreement was signed and submitted to Immigration New Zealand. Patel stated she also paid the directors of the restaurant cash payments.
Patel was awarded $31,413 for unpaid wages, working on public holidays and holiday pay from 2011 until 2014 plus $11,400 in reimbursement for the premium paid to secure her employment.
The company accepted there may be some statutory holiday pay owing to Mrs Patel but disputed all the other amounts claimed. They claimed she did not work all the hours claimed or that she paid them premiums.
“Advances may have been made from Mrs Patel to staff at Curry Pot but these, aside from one payment of $5,000 into the Curry Pot account, were personal in nature and not premium payments and they have nothing to do with Curry Pot” it said.