Just Kebab in Rotorua, where an Indian migrant worker was not paid five years' worth of holiday pay. Photo: Supplied / Google Maps
An Indian immigrant who worked in a kebab shop for five years knew she was entitled to holiday pay when she left but never expected her boss actually owed her more than $46,000.
The Employment Relations Authority (ERA) this month awarded Randeep Kaur $46,086 after she made claims against her employer Gergoz Limited, trading as Just Kebab in Rotorua, and its director Mustafa Gergoz.
"I'm not really a money person but I wanted what I deserved," Kaur told NZME. "I never thought it would be this much."
Kaur, who moved to New Zealand 10 years ago when she was 20, worked 11 hours a day, six days a week between January 2016 and August 2021 but was denied annual leave, did not receive extra pay for public holidays and was refused alternative holidays, the ERA determination said.
She complained to the ERA after she didn't receive the correct holiday pay when she left Just Kebab and was ignored by Gergoz.
After engaging employment advocate John Wood to assist her, they contacted the company requesting the pay entitlements, as well as wage and time records, but neither Gergoz nor his company responded.
Kaur received three payments, $1500, $1000, and another $1000, after she contacted the company's accountant but she received no response to her other claims or the request for wage and time records.
An investigation meeting was held in Rotorua in May but Gergoz never appeared and didn't file any submissions regarding the claims.
Authority member Claire English ruled Gergoz and his company were aware of the hearing so it was appropriate to proceed.
Kaur gave evidence Gergoz paid her by cheque, which was often a couple of days late and sometimes up to two or three weeks late, which English accepted as demonstrated by her bank statements.
She routinely worked on public holidays and gave evidence the shop was always open, even on Christmas Day but she only received her normal wages.
English detailed how Gergoz initially tried to play dumb when questioned by Kaur about additional pay for working public holidays.
"At first he asked what that was. He then said that he 'did not believe in that stuff', and he 'did not pay attention to it'."
Kaur also took 14 weeks' annual leave during her employment but when she asked Gergoz about holiday pay he told her she wasn't entitled to it despite her employment agreements providing for annual leave in accordance with the Holidays Act.
When Kaur ended her employment, her final payslip showed a final pay of $4235 in holiday pay but her bank statements showed it was not paid to her.
English said despite requests for Kaur's wage and time records as well as holiday and leave records, nothing was received.
Given the evidence Kaur had provided through her bank statements, English said she had no hesitation in accepting the amounts she claimed were still owing to her and also awarded her interest on the outstanding payments.
"They represent statutory minimum entitlements, and payment cannot be reduced or avoided," English said.
"Ms Kaur has been deprived of the use of her money that she has earned through her labour for some considerable time."
Kaur was awarded $19,604 for annual leaving owing, $5724 for working on public holidays, $11,448 for alternative leave days not taken plus interest on the amounts of $1810, and a refund of her filing fee of $71, totalling $38,586.
English also imposed a penalty of $10,000 on the company for breaches of the Employment Act and Holidays Act, with Kaur receiving $7500 and $2500 to be paid to the Crown.
As Gergoz was a party to the breaches, English also ordered if the company defaulted on paying Kaur she could recover any shortfall from him personally.
The ERA ordered that Gergoz must pay the money within 28 days of its decision released on 6 July.
Kaur told NZME she feared other employers were taking advantage of migrant workers, who were often unaware of their entitlements, and in this case she knew she needed to take a stand.
"It's going to be a lesson for them [employers] that not everyone will stay quiet when they are being exploited. We are still going to fight for our rights."
The 30-year-old said the exploitation didn't only take a financial toll but there was an emotional and mental cost, too.
"I'm not really a person who will fight but I knew I had to stand up for my rights.
"I didn't want to see him do the same stuff that he did to me, to other people and I wanted to make other migrant workers aware of their rights."
Gergoz did not reply to messages left on his cellphone by NZME seeking comment.
* This story originally published by NZ Herald.