10 July 2017
Indian restaurant to pay $13,865.21 for employment breaches
An Indian restaurant in Timaru must pay $13,865.21 after a Labour Inspectorate investigation uncovered a string of
breaches concerning three migrant workers.
The Employment Relations Authority (ERA) ordered Kings Curry House Limited, trading as Tandoori King, to pay $6000 in
penalties, in addition to the $7,865.21 in arrears already paid to the workers.
Breaches revealed by the Labour Inspectorate included a failure to pay minimum wage, correct holiday pay, and keep
holiday and leave records, as well as unlawful deductions.
“Every employer in New Zealand must provide their employees with all their entitlements, such as at least the minimum
wage for every hour worked – anything less will not be tolerated,” says Labour Inspectorate regional manager David
Milne.
“While migrant workers have all the same employment rights as any other worker in New Zealand, they are less likely to
know their rights and this makes them vulnerable.
“In this case the employer withheld final holiday pay from two of the employees when they left, and paid another below
the minimum wage for all the hours worked after they failed to adjust the employees wage to match a rise in the minimum
wage.
“While they fixed the issue when they became aware of it and paid arrears back to the employee, this penalty is a good
reminder the onus is on the employer to get it right and ignorance is no excuse.
“The Labour Inspectorate takes these kinds of cases very seriously. Not only do these employers breach the rights of
their employees, they also gain an unfair advantage over the wider business community who are good employers and meet
all their obligations.”
MBIE encourages anyone concerned about their employment situation, or the situation of someone they know, to call our
contact centre on 0800 20 90 20 where their concerns will be handled in a safe environment.
[ends]