A Lower Hutt restaurant has been found guilty of exploiting two temporary migrant workers over several years, and was sentenced in the Wellington District Court today.
The company pleaded guilty to two representative charges under the Immigration Act 2009, relating to the exploitation of two temporary Indian migrant workers employed at the restaurant between 2017 and 2021.
The Court sentenced the company to pay a fine of $90,000. Prior to sentencing, a reparation order was made for $46,574.74 to be paid to the victims via the Court and $25,926.47 to be paid to IRD. The Court ordered further reparation of $9,361.66 at sentencing.
The company and its directors have interim name suppression until 5pm today and potentially until Monday 6 April 2026 if the Court today grants the company’s application to extend suppression. Permanent name suppression applications in respect of the company and its directors were refused.
The investigations began when two workers spoke up about serious mistreatment in their workplace and that has resulted in this sentencing.
According to Jason Perry, National Manager Investigations, the Ministry of Business, Innovation and Employment and Immigration New Zealand’s investigation uncovered “a consistent pattern of excessive hours, underpayment, and deductions from wages. Both workers, Indian nationals holding temporary visas, regularly worked up to 9 hours per day, six days a week, while being paid for far fewer hours. One was paid for as little as 36.5 hours despite often working close to 54.”
Across the two victims, unpaid minimum wage entitlements totalled $36,217.78, with a further $36,284.43 owed in unpaid holiday pay, alternative holidays, sick leave, and other statutory entitlements.
“More than $72,000 in arrears was owed in this case, demonstrating the extent and seriousness of the exploitation,” says Perry.
From 2020 to 26 September 2021, the restaurant deducted $50 per week from one worker’s pay, stating it was for food, at the same time as increasing the worker’s hourly rate to $25.50 to meet pay requirements for an Essential Skills residency visa application.
“Employers are solely responsible for meeting visa‑related pay requirements and must never pass those costs on to workers,” Perry says. “Using visa requirements or a worker’s immigration status to influence their employment is unlawful and will not be tolerated.”
Every worker in New Zealand, regardless of their immigration status, is entitled to be paid for every hour worked and to receive their full leave entitlements. INZ and MBIE will continue to support workers to come forward safely and confidentially.
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