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ISSUE
Friday, October 16, 2026
Volume 18 . Issue 41
A cook who worked excessive hours and was left without shifts or communication from his employer has been awarded more than $240,000 in unpaid wages, holiday entitlements, compensation and penalties by the Employment Relations Authority (ERA).
Amrit Pal Singh brought a personal grievance against Blue Moon Sky Ltd (BMSL) and its sole director, Dil Barala, after the company stopped offering him work and ceased communicating with him in November 2025.
The company operated Titirangi Indian Kitchen and Ambrosia Bar and Restaurant in Beachlands, Auckland.
In a decision released by ERA member Simon Greening, the authority found Singh had been unjustifiably dismissed and that the company had breached its employment obligations.
Singh arrived in New Zealand on an accredited employer work visa in September 2023 to work as a cook for BMSL. His visa status was tied to his employer, a factor the authority noted when assessing his vulnerability.
During his employment, Singh worked excessive hours, at times exceeding 70 hours a week across seven days, without regular rest breaks or a formal written roster. His shifts were arranged through verbal instructions.
After he was transferred to the Beachlands restaurant in July 2025, Barala’s brother would collect him at 8.15am and return him to his Titirangi home at about midnight.
Singh raised concerns in November 2025 about his long working hours, lack of rest breaks and unpaid wages. Later that month, the company stopped providing him with shifts and cut off communication. His final wage payment was made on November 30.
"BMSL's failure or refusal to restore Mr Singh to the roster meant he was dismissed on or about 30 November 2025," Greening said.
"BMSL did not communicate with Mr Singh or explain why he was no longer being provided any further work."
The authority also found the company had systematically failed to maintain the wage, time and holiday records required under employment law.
"I find Mr Barala, being the sole director of BMSL, knew or ought to have known the company was not complying with its obligations under the individual employment agreement in relation paying Mr Singh correctly, and on time," Greening stated.
"I find that Mr Barala aided and abetted these breaches."
Bank records showed BMSL paid Singh $40,442.20 over the course of his employment, while his gross wages were calculated at $229,390.
Under the ruling, BMSL must pay Singh $188,947.80 in gross wage arrears, $17,250 for unpaid public holidays, $16,240 in outstanding annual leave and $9000 in compensation for emotional harm.
The company was also ordered to pay $6000 in penalties for failing to provide rest breaks and breaching its good faith obligations, as well as a $1000 penalty to the Crown for failing to provide a written employment agreement.
Barala was separately ordered to pay a $4000 penalty for aiding and abetting the employment breaches, with the amount split equally between Singh and the Crown.
A cook who worked excessive hours and was left without shifts or communication from his employer has been awarded more than $240,000 in unpaid wages, holiday entitlements, compensation and penalties by the Employment Relations Authority (ERA).Amrit Pal Singh brought a personal grievance against...
A cook who worked excessive hours and was left without shifts or communication from his employer has been awarded more than $240,000 in unpaid wages, holiday entitlements, compensation and penalties by the Employment Relations Authority (ERA).
Amrit Pal Singh brought a personal grievance against Blue Moon Sky Ltd (BMSL) and its sole director, Dil Barala, after the company stopped offering him work and ceased communicating with him in November 2025.
The company operated Titirangi Indian Kitchen and Ambrosia Bar and Restaurant in Beachlands, Auckland.
In a decision released by ERA member Simon Greening, the authority found Singh had been unjustifiably dismissed and that the company had breached its employment obligations.
Singh arrived in New Zealand on an accredited employer work visa in September 2023 to work as a cook for BMSL. His visa status was tied to his employer, a factor the authority noted when assessing his vulnerability.
During his employment, Singh worked excessive hours, at times exceeding 70 hours a week across seven days, without regular rest breaks or a formal written roster. His shifts were arranged through verbal instructions.
After he was transferred to the Beachlands restaurant in July 2025, Barala’s brother would collect him at 8.15am and return him to his Titirangi home at about midnight.
Singh raised concerns in November 2025 about his long working hours, lack of rest breaks and unpaid wages. Later that month, the company stopped providing him with shifts and cut off communication. His final wage payment was made on November 30.
"BMSL's failure or refusal to restore Mr Singh to the roster meant he was dismissed on or about 30 November 2025," Greening said.
"BMSL did not communicate with Mr Singh or explain why he was no longer being provided any further work."
The authority also found the company had systematically failed to maintain the wage, time and holiday records required under employment law.
"I find Mr Barala, being the sole director of BMSL, knew or ought to have known the company was not complying with its obligations under the individual employment agreement in relation paying Mr Singh correctly, and on time," Greening stated.
"I find that Mr Barala aided and abetted these breaches."
Bank records showed BMSL paid Singh $40,442.20 over the course of his employment, while his gross wages were calculated at $229,390.
Under the ruling, BMSL must pay Singh $188,947.80 in gross wage arrears, $17,250 for unpaid public holidays, $16,240 in outstanding annual leave and $9000 in compensation for emotional harm.
The company was also ordered to pay $6000 in penalties for failing to provide rest breaks and breaching its good faith obligations, as well as a $1000 penalty to the Crown for failing to provide a written employment agreement.
Barala was separately ordered to pay a $4000 penalty for aiding and abetting the employment breaches, with the amount split equally between Singh and the Crown.
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