Chef will receive $ 86,663 after losing his job while on leave

A chef in Wanaka will receive a gain of more than US $ 86,000 after being unjustifiably terminated while on annual leave abroad and left at Hong Kong airport for 36 hours.

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Photo: 123RF

Ramesh Nath worked in New Zealand between September 2016 and April 2018, with a working visa at the Spice Room Restaurant in the South Island Resort.

In March 2018, Mr. Nath requested a three-month vacation that had been approved by his employer.

He then bought a round trip ticket to India.

Mr. Nath told his employer that his intention was to get back to work and never said or done anything to suggest otherwise.

During his stay in India, the restaurant was replaced by another chef.

The decision of the Labor Relations Authority (ERA) said that despite the approval of the leave, the Spice Room baderted that Mr. Nath would not return.

ERA indicated that, obviously, the restaurant had come to the conclusion that Mr. Nath had not made contact with him during his leave. Mr. Nath stated that he was under no obligation to do so.

Upon his return to New Zealand, Mr. Nath was not allowed to take part in his fight at the Hong Kong Airport after Immigration New Zealand told him that his work permit had been canceled.

ERA said Mr. Nath then spent 36 hours at the airport before taking the flight to India.

Immigration New Zealand canceled the permit after being informed by Spice Room that it was not sure that Mr. Nath would come back and that he could not guarantee the job.

Spice Room told ERA that she did not know, at the time, having spoken to Immigration New Zealand that Mr. Nath was at the Hong Kong airport and was looking to take a plane to Auckland.

She denied Mr. Nath's allegation that she contacted immigration to inform him that he would not return to his job. He said that he wanted him to come back.

The Labor Relations Authority stated that Mr. Nath worked between 50 and 60 hours a week, but was only paid for 30 hours.

He ordered that he receive $ 54,238.06 in unpaid wages.

The ERA found that, according to the evidence, Spice Room had found it more convenient to employ another chef to replace Mr. Nath rather than wait for his return.

He concluded that Mr. Nath was fired without cause and had a personal grievance.

He also ordered Spice Room to pay Mr Nath $ 10,424.96 as compensation for lost wages and USD 22,000 as compensation for non-pecuniary damage, humiliation and non-pecuniary damage.

The total amount of the order is $ 86,663.02.