He denied writing the resignation email but poor records still cost wage arrears
The Employment Relations Authority rejected a cook's unjustified dismissal claim, finding he sent the resignation email he denied writing, Matthew Piper ruled 23 July 2026.
The cook was employed at a Rotorua restaurant, Maa Kalinka & Rishiram Son's Pvt Limited, on a work visa the company sponsored, and brought a wide-ranging claim against the business and its owner, who is married to the sister of the cook's wife. Piper noted the dispute arose from overlapping family relationships, with a volume of evidence covering payments between relatives not otherwise connected to the employment.
The cook alleged he was underpaid throughout his employment, required to repay wages above $400 a week to the owner, denied statutory leave entitlements, and unjustifiably dismissed. Maa Kalinka said it kept accurate records, paid him correctly, and that he had resigned rather than been dismissed.
His original employment agreement set hours at 30 a week, rostered between 10am and 9:30pm. A second agreement signed in June 2023 stated hours would run "as per weekly roster or fix roster as applicable." Piper found the cook's account of his working hours unreliable, noting his own emails at the time recorded roughly 41 hours a week, contradicting his claim of working more than 60, and that timesheets he had signed himself contradicted his underpayment claim.
The Authority also rejected the alleged repayment...
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