Indian Heaven far from angelic for employees
The owners of two Christchurch restaurants breached basic employment standards, leaving one employee almost $18,000 out of pocket.
The Employment Relations Authority (ERA) found the owners of Indian Heaven failed to pay minimum wages, maintain records and pay employees according to the Holidays Act.
An investigation by the Labour Inspectorate found the restaurant owed a total of $41,688 to seven employees, including one who was owed nearly $18,000.
ERA member Andrew Dallas said in a decision released last week that the company had failed to comply with minimum employment standards.
However, Indian Heaven owners Sayed Noori, wife Najima Noori and daughter Fatima Noori denied the findings of the inspectorate’s investigation.
During the proceedings, the restaurateurs chastised former employees for having the audacity to ‘‘give evidence in the face of its generosity as an employer’’.
The Noori family operated the Indian Heaven restaurants in Opawa and Avonside.
The two restaurants have since been sold and renamed.
According to the inspectorate investigation, employees worked about 50 hours a week but were only paid for 30 to 45 hours.
The Indian Heaven owners claimed the cap was due to immigration restrictions but could not provide details on what those restrictions were.
At least two employees also alleged the company withheld extra money from their wages.
The Noori family told the ERA that was to pay back a loan but there was no documentation to justify the withheld money.
In addition to failing to pay for the hours worked, Dallas determined employees did not receive any holiday pay as required by the Holidays Act.
Wage and time records provided to the labour inspector were described by Dallas as ‘‘inaccurate and deficient’’.
The inspector told the ERA he believed the records had been created after he requested them from the company.
In his determination, Dallas said the labour inspector had provided ‘‘a very convincing and, in many ways, overwhelming case of default by Indian Heaven in complying with minimum employment standards’’.
Dallas ordered the Noori family to pay the outstanding wages within 28 days.
Another hearing will be held at a later date to determine whether the restaurant family would be required to pay additional penalties and to decide on costs.