Stranded worker wins $87k compo

A Wanaka worker who was blocked from returning to New Zealand and left stranded at Hong Kong Airport for 36 hours has won an $87,000 payout through the Employment Relations Authority (ERA).

In 2018, Ramesh Nath was working as a chef at Wanaka restaurant Spice Room. In March of that year, he applied for annual leave from April 9 to 11 July via email.

A director at Spice Room, Meetu Saklani, approved the leave and Nath booked a return ticket to visit India.

Nath told the ERA it was always his intention to return and he said and did nothing to suggest otherwise.

Despite Saklani approving Nath’s leave, the Spice Room considered he was not coming back and hired a replacement.

The ERA said the restaurant came to this view because Nath had not contacted it during his leave. But Nath said he was under no obligation to contact the restaurant, which already had the date of his return.

On July 9, Saklani had a phone call from a person who said they were from Immigration New Zealand (INZ).

The official asked if Nath was employed at Spice Room. Saklani said he was but Saklani “was not sure [Nath] was coming back”.

At the time, Nath was at Hong Kong Airport seeking to board a plane to Auckland. Nath said the immigration official told him Saklani had said “we don’t guarantee the job and I don’t think he will be back”. Spice Room denied saying that and said it had in fact told INZ it wanted Nath to return.

Nath was not allowed to board the plane, his work permit was cancelled, and he spent “a very miserable 36 hours” at Hong Kong Airport before boarding a plane for India.

Nath also told the ERA he’d worked many extra hours without pay.

Under the terms of his employment, Nath was guaranteed 30 hours a week over seven days. For this, Nath was paid $36,900 per annum plus accommodation and food.

Nath said that he worked between 50 to 60 hours a week for Spice Room but was still only paid for 30 hours. He reckoned he was owed $54,238. Based on the evidence before it, the ERA determined that Spice Room unfairly dismissed Nath.

“When Spice Room was contacted by INZ on or about 9 July 2018, the statements made on its behalf plainly and directly contributed to Mr Nath being denied boarding to New Zealand and having his work permit cancelled.”

Due to his unfair loss of employment, the ERA ordered Spice Room to pay Nath $10,424 for three months’ in lost wages, $54,238 in underpaid wages and $22,000 as compensation for the hurt, humiliation and injury.

Nath now lives in Canada.