Christhurch massage business, Mother’s Thai trading as Diamond Thai, and its owner have been penalised for exploiting vulnerable migrant workers.
The Employment Relations Authority (ERA) has ordered the massage business and its sole director, Janya Duangjai to pay $210,000 in penalties for breaching multiple minimum employment standards involving vulnerable migrant workers.
The penalties are in addition to more than $230,000 that the business, Mother’s Thai trading as Diamond Thai, and its owner Janya Duangjai previously agreed to pay five workers following an investigation by the Labour Inspectorate.
The investigation, completed in September 2024, found there had been 55 separate breaches of minimum employment standards occurring between November 2020 and 2023.
Mother’s Thai and Duangjai accepted they had, amongst other breaches failed to pay the minimum wage for all hours worked; unlawfully deducted money from employees’ pay; Failed to keep copies of employees’ employment agreements; Failed to pay correct public holiday and sick leave entitlements; failed to keep complaint wages and time records and Charged employees an unlawful premium for their employment.
ERA Member Peter van Keulen ordered Mother’s Thai to pay a penalty of $140,000 and Ms Duangjai a further $70,000. Of these amounts $21,000 is to be paid to each of the five workers.
In his determination, van Keulen said the breaches by Mother’s Thai were significant and meant the five employees had been denied $231,737 they were owed.
“It appears that Mother’s Thai, through Duangjai, took advantage of the employee’s vulnerability,” he said.
Labour Inspectorate Migrant Exploitation Manager Natalie Gardiner welcomed the heavy fines. “This was a particularly egregious example of migrant exploitation and the significant penalties imposed by the Authority reflect the seriousness of the harm caused to these workers…Employers who deliberately underpay staff, charge unlawful premiums or ignore basic employment obligations should expect strong enforcement action by labour inspectors.”
