Ramesh Nath, had been employed by as a chef at the Spice Room restaurant in Wanaka, got to know about his dismissal at Hong Kong airport while returning to work from India.
Mr Nath was at Hong Kong airport en-route to New Zealand when he was denied boarding and informed that his visa had been cancelled.
Mr Nath claimed he spent 36 hours at the airport before flying back to India.
The New Zealand Employment Relations Authority (ERA) that Mr Nath was devastated by the series of events and ordered Vishnupriya Ltd, the owners of Spice Room, to pay Mr Nath over different violations.
“I accept Mr Nath was devastated by the loss of his employment. It is clear he had begun to establish a life for himself in New Zealand, and this was taken away from him," the decision reads.
"The circumstances of his dismissal, while on annual leave, how this was communicated to him at Hong Kong airport after he was denied boarding, and his former employer’s subsequent attempts to shift the blame onto him were completely unacceptable."
Mr Nath worked as a chef at Spice Room, Wanaka between September 2016 and April 2018. The company supported his work visa.
He applied for annual leave via email on 14 March 2018, which was approved. He thanked the owner for approving the leave and bought a return plane ticket from 9 April 2018 to 11 July 2018.
He said it was always his intention to return to his employment, and claimed he did not say or do anything to suggest otherwise.
This might interest you:
'Spicy' seagull breaks the internet after turning orange
However, the restaurant hired another chef to replace him. Spice Room claimed Mr Nath had not contacted them during his period of leave; therefore, they concluded he would not come back.
“According to Spice Room, while Mr Nath was away, Mr Saklani fielded a phone call from a person who said they were from Immigration New Zealand (INZ). The person asked if Spice Room employed Mr Nath to which Mr Saklani confirmed it did but he “was not sure (Mr Nath) was coming back,” the court order reads.
On 9 July 2018, Mr Nath was denied boarding on Hong Kong airport. His work permit was dismissed.
The court observed that the restaurant Room found it more convenient to employ another chef to replace Mr Nath than await his return.
“When Spice Room was contacted by InZ on or about 9 July, the statements made on his behalf plainly and directly contributed to Mr Nath being denied boarding to New Zealand and having his work permit cancelled.”
This might interest you:
Indian contestant Sandeep Pandit who wowed the audiences exits MasterChef Australia
The Spice Room has been ordered to pay $10,424.96 (NZD) gross as reimbursement for lost wages and $22,000 (NZD) compensation for hurt, humiliation and injury to feeling.
Mr Nath also claimed he was underpaid during his tenure - a claim the restaurant denied. He claimed he worked "between 50 and 60 hours per week for Spice Room but was still only paid for 30 hours." The ERA accepted his claim and ordered the restaurant to pay $54,238.06 (NZD).
SBS Hindi tried reaching the restaurant owners for a comment but they could not be contacted.
