A seamstress who claimed she was stitched up by her employer is set to get an almost $30,000 payout after taking her case to the Employment Relations Authority.
The Authority ruled that Sophie Hiri-Gualeni should be paid a total of $28,114.73 by former employer Marie Kaukau, who traded as 'Sew & Sew' in Rotorua.
The payout includes $2000 in penalties, $2957.16 wage arrears and $11,961 in lost remuneration, $10,000 for distress compensation, legal costs of $1125 and $71.56 to reimburse filing fees.
The ruling notes that Hiri-Gualeni was employed by Kaukau from November 11, 2018 to February 8, 2019, but that she did not have an employment agreement.
Hiri-Gualeni claimed she was not paid wages for the hours and days she had worked, and claimed she was constructively dismissed on February 8, 2019, when she requested payment and was told by Kaukau "she was not going to pay her anything".
When Sophie Hiri-Gualeni asked about her pay her boss said she 'was not going to pay her anything'
The ruling also noted that Kaukau failed to respond to requests to provide wage and time records, holiday and leave records, individual employment agreement, final pay information and total gross earnings paid to Hiri-Gualeni.
"That. . . allows the Authority to accept as proven all of Ms Hiri-Gualeni's claims," the ruling said.
"Ms Hiri-Gualeni told the Authority that she actually ended up working longer than her contracted hours. Sometimes Ms Hiri-Gualeni would go back to work from 5pm to 8pm to make sure that all of the work from clients, that had to be done by a certain deadline, was completed on time."
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She had initially agreed to work from 10am to 4pm Monday to Friday, and Saturday as requested.
The Authority ruled that Kaukau had failed to comply with statutory employment obligations.
"It is also not fair or reasonable for her to have refused to pay Ms Hiri-Gualeni for work she had done or to refuse to pay her wage arrears for days and hours of work that she had already worked but not been paid for."
"She explained how she needed that income as the sole income earner with two young children."
The ruling also revealed the financial hardship suffered by Hiri-Gualeni left her unable to pay for school fees, school uniforms and stationary for her children.
Kaukau was given 28 days from the ruling determination date of December 16 to make the payment.
