Fine and ban for restaurant
THE operators of a South Dunedin satay restaurant have been fined $11,500 and banned from hiring migrant workers for 18 months.
The Employment Relations Authority (ERA) has fined Hai Ung and Vuochhuor Ung, operators of the South Dunedin Satay House.
It is the second time the restaurant has been in trouble with the ERA. It breached the Minimum
Wage Act in 2007.
The pair have been penalised for failing to keep accurate wage, time and leave records, following a labour inspectorate investigation.
Mr Ung said yesterday the authority’s decision to fine him was fair.
He intended to stay open, but would make sure his books were kept properly in future.
He had organised somebody to do that work for him.
Labour inspectorate regional manager Jeanie Borsboom said the restaurant was one of 41 businesses visited in Dunedin in November last year.
When questioned about why they did not have employment records, Mr Ung told the labour inspector he ‘‘forgot’’, Ms Borsboom said.
The Ungs were also visited by the inspectorate in 2007, following a complaint from three employees, and were found to have breached the Minimum Wage Act, failed to keep accurate records and failed to have employment agreements.
Arrears were recovered and Mr and Mrs Ung were provided with educational material to help them understand their obligations as employers.
‘‘The responsibility for keeping accurate wage, time and leave records is always on the employer, and there is no way around this.
‘‘The Ungs had been in business for nearly 20 years and should be aware of their obligations.’’
Ms Borsboom said the inspectorate revisited businesses to ensure continued compliance with employment law, and Mr and Mrs Ung still failed to keep accurate records.
‘‘This should send an obvious message to employers that where the labour inspectorate has visited your business, we expect to see continued compliance, and we will hold employers to account where this isn’t the case.’’
Mr and Ms Ung had been placed on the employer standdown list for 18 months and would be prevented from hiring migrant workers for that time.
‘‘This should also encourage consumers to think twice about whether employees are being treated fairly in their favourite restaurant or takeaway spot,’’ Ms Borsboom said.
Since last year, employers who have received a penalty for a breach are viewed as noncompliant with New Zealand employment law and face a stand down period from the ability to support a visa application.