An Indian Chef, Babu Pandit, who was unfairly dismissed by the owner of the restaurant in New Zealand, while he was on a holiday in India, has been paid $33,465 in compensation, NZ Herald reports.
Pandit, a resident of Hyderabad, had worked for three years at Auckland Satya restaurants, before he went to India for a long holiday to bring his wife and kids to New Zealand.
Before he could come back with his family, Immigration New Zealand cancelled his work visa based on two emails and a letter sent by his employer Akuthota Jwala Narsimha Swamy.
The employer, in the letter, claimed Pandit had disguised a diagnosis of diabetes and manipulated his medical condition by taking medication before his most recent work visa application.
Based on this, Immigration NZ advised Pandit that he was no longer employed and his work visa was thus cancelled.
Pandit could not return to New Zealand after his visa was cancelled.
He approached New Zealand's Employment Relations Authority (ERA), which helps with employment relationship problems that an employee may have with an employer, like unjustified dismissal or unpaid wages.
The ERA, conducted the investigation and found Swamy had written to Immigration New Zealand, based upon what his other employee had told him.
Pandit, who was diagnosed with increased blood sugar levels, had altered his lifestyle to address the health issue.
However talks with his restaurant manager regarding his health issues led to miscommunication where the owner believed that Pandit had taken medication to mask his health issues for a work visa.
Swamy told the Authority during its investigation he was concerned at the prospect that Pandit may have achieved a renewed work visa by masking the true state of his health.
But he did not directly talk to Pandit about his concerns.
The ERA found that Swamy could have done more to be a fair and a reasonable employer.
"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.
There was no doubt Swamy was aware that Pandit would not be able to return to New Zealand to work following his actions, according to the decision.
He had also not told Pandit his employment had ended. Pandit learnt about this from Immigration New Zealand’s email.
Pandit was paid $18,465 in lost wages and $15,000 in compensation for the "financial anxiety", humiliation and shock of termination he was subjected to.
