Work visa cancelled without proof: ERA

A chef whose work visa was cancelled by Immigration New Zealand amid claims he manipulated a medical test has been awarded $33,000.

Babu Pandit worked at Satya Mount Eden in Auckland and was on extended leave in his home country when his employment and visa suddenly ended.

Pandit was told his boss, Akuthota Jwala Narsimha Swamy, had informed Immigration New Zealand he had manipulated a health test in order to get a his visa renewed.

But the Employment Relations Authority (ERA) found there was no evidence of this and Pandit was never given an opportunity to respond to the allegations.

Pandit said he had moved to New Zealand seeking better employment opportunities to save for the education of his son, but the sudden dismissal shocked him and shattered his plans.

Pandit was interviewed for the role in India and was employed under the terms of three work visas issued between 2013 and 2016.

During the visa renewal process, Pandit had to undergo a medical assessment that measured his blood sugar levels over three months.

Pandit sought his GP’s advice for controlling his blood sugar levels after the first test showed his levels were elevated. His GP suggested diet and lifestyle changes.

When the test was repeated, the doctor said Pandit’s condition had improved thanks to diet and lifestyle modification and granted his work visa.

During his leave, Swamy alleged Pandit took medication that altered the results of the medical examination. He wrote to Immigration NZ asking for ‘‘further action’’ because Pandit’s employment would be terminated.

Swamy said he acted fast because he did not want to compromise the status of his business in having visa applications approved.

But the ERA said this was not a satisfactory explanation for what he did.

The authority said Swamy acted unfairly as an employer because he made no direct inquiry about his allegations to Pandit and acted on a secondhand account without checking or advising Immigration NZ to confirm if there was any truth to the claim.

‘‘A fair and reasonable employer could not have acted on that supposed information without providing an opportunity to comment and possibly correct it,’’ the decision said.

The authority said how Immigration NZ officers dealt with the issue also contributed to Pandit’s unfair dismissal.

‘‘More might reasonably be expected of INZ to verify the allegation Swamy made rather than automatically acting on it to cancel a worker’s visa.’’

Pandit has been awarded $18,465 in lost remuneration and $15,000 as compensation for hurt and humiliation.