'Vulnerable' chef paid for half of 70 weekly hours, made to work sick

July 13, 2021
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An Auckland restaurant operator has been ordered to pay $75,000 to a worker who was exploited at his establishment.

The Employment Relations Authority (ERA) ordered Madhan Singh Bisht, director of Kiran Cuisine Limited, to pay the former employee a total of $75,026.18 in unpaid minimum wage, leave, and holiday pay.

He was also hit with $50,000 in penalties. The former employee worked at the restaurant as a chef.

The Labour Inspectorate was notified by the chef that he was relying on Bisht for his employment over his immigration status.

The Ministry of Business Innovation and Employment (MBIE) says an investigation, “found the employee consistently worked an average of between 60 and 70 hours each week over approximately three years of employment, despite being contracted and paid for up to 36 hours only.”

“Bisht, who was aware of the need to meet minimum employment standards, exploited this employee’s vulnerable position and failed to provide minimum entitlements over a significant period of time.

“This caused distress to the employee and had health and safety implications. The employee was denied leave by Bisht on many occasions during his three-year employment with Kiran Cuisine Limited, including being required to come into work at the restaurant while sick.”

The company was liquidated after the breaches, but as director, Bisht is still liable for the charges MBIE says.

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