The Employment Relations Authority has ordered 7 Solutions Limited to refund the $45,000 it charged a migrant worker in exchange for employment.
Trading as a lawn maintenance business, the company has been penalised $16,000, with director Kamal Jeet Singh also held personally accountable and ordered to pay $8,000 to the worker.
The worker travelled from India to New Zealand in August 2023 after Singh offered to facilitate a job and work visa, contingent on payment being made upfront.
The worker made payments totalling $44,750, facilitated through individuals connected to the director, before working for 7 Solutions Limited between 25 September 2023 and 1 September 2024.
The Labour Inspectorate was alerted after the worker raised concerns through a formal complaint process.
The investigation established evidence of the payments through bank records, WhatsApp communications, and witness testimony, supporting the findings of wrongdoing.
“A person who came here seeking a new life was charged a significant sum for a work opportunity that should have been free,” a Labour Inspectorate investigator said.
Employment Relations Authority member Simon Greening rejected claims the payments were family loans or unrelated transactions, finding they were clearly connected to securing employment with 7 Solutions Limited at the director’s request.
He also determined that, although funds were routed through third parties, the company effectively had control over them through the director’s knowledge and involvement.
Greening ruled that if the company cannot repay the $44,750 charged for the job, director Singh will be held personally responsible for ensuring the amount is repaid.
He also found the payments were unlawful under the Wages Protection Act 1983, which sets clear limits on employers charging workers fees or premiums to obtain employment.