ERA finds employer exploited vulnerable migrant worker in licensed hospitality business
A bar worker on an accredited employer work visa claims he was constructively dismissed after working full-time for over five weeks without receiving wages, and that he was required to pay a $12,000 premium to secure the position.
The employer denies the worker was ever employed, claiming it merely provided voluntary assistance to help him learn bar operations and obtain his license controller qualification at his request.
The worker seeks remedies for lost wages, compensation for injury to feelings, reimbursement of the premium payment, wage arrears, including holiday pay, and penalties for multiple statutory breaches.
The employer strongly contests that the employment relationship existed and denies that any premium was sought or received.
The worker came to New Zealand on 3 July 2023 on an accredited employer work visa to start a job as a duty manager in a liquor store in Christchurch. The worker gave unchallenged evidence that the broker for this employment was the former director of the employer, who is also a close relative of the current director.
The worker understood from the former director that the job was with their friend and customer, and he paid a sum equivalent to $30,000 for the visa, with the former director making arrangements for the payment.
On 28 July, the employment for which the visa was granted ended when the liquor store...
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