• About
  • Advertise
  • Contact
  • Login
NRI Affairs
Youtube Channel
  • News
  • Video
  • Opinion
  • Culture
  • Visa
  • Other
No Result
View All Result
  • News
  • Video
  • Opinion
  • Culture
  • Visa
  • Other
No Result
View All Result
NRI Affairs
No Result
View All Result
Home News

Employer ordered to pay $25,000 compensation to Indian migrant for loss of dignity

NRI Affairs News Desk by NRI Affairs News Desk
November 9, 2021
in News
Reading Time: 4 mins read
A A
0
Employer NRI Indian migrant

Image by Gerd Altmann from Pixabay

265
SHARES
2.4k
VIEWS
Share on FacebookShare on Twitter
Advertisements

An employer has been ordered to pay compensation to an Indian migrant who learnt he had no job, after his replacement showed up for work.

The Employment Court of New Zealand has ordered a company to pay $25,000 to its former employee for compensation for humiliation, loss of dignity and injury to feelings. The employer has also been ordered to pay the lost wages of $19,950 to Dilshaad Gill.

According to the judgment of Judge B A Corkill, Dilshaad Gill was employed permanently by Restaurant Brands Ltd (RBL) as an Assistant Restaurant General Manager (ARGM) on 16 January 2017; Mr Gill was offered permanent employment. Accordingly, he started working at RBL’s KFC restaurant, starting work on 24 January.

“As an immigrant from India, he required a visa for work purposes. It was a condition of his employment that he did so. After a period of a little over two years of employment, Mr Gill was dismissed because he no longer held a work-related visa,” reads the judgment.

Indian man who offered NZ$200 to the police officer, to be deported

Mr Gill then brought both disadvantage and dismissal grievances, which the Employment Relations Authority investigated. The Authority concluded, “RBL had failed to act as a good employer by failing to assist Mr Gill in his application for a visa which would have enabled him to continue working for RBL, whilst at the time giving the impression it was; had failed to be open and communicative with him by providing information regarding its intentions and by pre-emptively dismissing him when a replacement for his role was appointed on 14 February 2019.”

The Authority held that “as Mr Gill did not hold a visa which would have entitled him to work beyond the date of his dismissal, he could not be recompensed for lost wages.”

However, Mr Gill was awarded the sum of $18,000 for humiliation, loss of dignity and injury to feelings, and costs later.

RBL challenged the Authority’s decision. RBL asserted that the “termination of Mr Gill’s employment was a consequence of his immigration status and that the steps it took to assist him were those of a fair and reasonable employer.”

Advertisements

Mr Gill disputed the challenges, asserting in essence that the Authority had reached the correct conclusion as to liability, although it had erred as to the extent of remedies awarded.

The court heard that the company was supposed to support Mr Gill’s essential skills work visa (ESW visa).

Indian-Australian model Reema Monga dies as train smashes into her car

Judge B A Corkill said that he was not satisfied that a fair and reasonable employer could have been expected to support Mr Gill’s visa application, notwithstanding the failed labour market test.

He observed that “there is insufficient prima facie proof to constitute disadvantage arising from an alleged failure by RBL to support Mr Gill by completing the INZ form, in spite of the failed test.”

However, the judge observed that “a fair and reasonable employer could be expected to have engaged constructively with Mr Gill as to his employment options.”

“I am satisfied that Mr Gill suffered very significant harm as a result of RBL’s actions. At the time of his dismissal, his wife was unemployed. He had to support her and their son,” said judge Corkill.

Mr Gill told the court that he had to borrow money from family and friends to survive. He had to sell off personal possessions to do so.

“I consider that Mr Gill has suffered effects in each of the categories of humiliation, loss of dignity and injury to feelings,” said the judge dismissing RBL’s challenge.

Indian High Commissioner in NZ draws flak from diaspora activists
Share106Tweet66Send
NRI Affairs News Desk

NRI Affairs News Desk

Related Posts

SC Dismisses Plea of Minor OCI Cardholders to Represent India in Chess
News

SC Dismisses Plea of Minor OCI Cardholders to Represent India in Chess

June 3, 2023
Australian Consulate to Open in Bengaluru, Strengthening Indo-Australian Ties
News

Australian Consulate to Open in Bengaluru, Strengthening Indo-Australian Ties

June 2, 2023
Australian and Canadian Universities Act Against Fraud Targeting Indian Students
News

Australian and Canadian Universities Act Against Fraud Targeting Indian Students

June 1, 2023
Next Post
Bharat Biotech’s Covaxin to be added to UK’s approved list from November 22

Bharat Biotech’s Covaxin to be added to UK’s approved list from November 22

Victorian Government’s promised 1,000 ventilators never made it to India

Victorian Government's promised 1,000 ventilators never made it to India

‘Face of Hatebook’: Human rights group calls for banning Facebook in India

'Face of Hatebook': Human rights group calls for banning Facebook in India

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recommended

Indian diaspora tensions increase during Federation Square's pro-Sikh vote

Indian diaspora tensions increase during Federation Square’s pro-Sikh vote

4 months ago
Imansi

16-year-old missing Melbourne-girl located

2 years ago
Singaporeans raise USD 2.15 million for treatment of Indian-origin child

Singaporeans raise USD 2.15 million for treatment of Indian-origin child

1 year ago
International Student

‘I never thought I’d be the guy who had no place to sleep’

2 years ago

Categories

  • Literature
  • Multimedia
  • News
  • nriaffairs
  • Other
  • People
  • Top Stories
  • Uncategorized
  • Views
  • Visa

Topics

Air India Australia california Canada caste CECA COVID COVID-19 cricket ECTA Europe free trade FTA Geeta Germany h1b visa Hindu immigration India india-australia Indian Indian-American Indian-origin Indian Students Khalistan London Melbourne Modi New Zealand NRI NSW oci quarantine Singapore Sydney travel UAE uk Ukraine US USA us visa Victoria visa women
NRI Affairs

© 2021 NRI Affairs.

Navigate Site

  • About
  • Advertise
  • Contact

Follow Us

No Result
View All Result
  • News
  • Video
  • Opinion
  • Culture
  • Visa
  • Other

© 2021 NRI Affairs.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT