Employee Dismissed After Being Sexually Harassed By Boss

Varinder Singh was dismissed by his employer, Ravichandiren NarayaNasamy, of Wellywood Backpackers, in Wellington in August 2014 for complaining about sexual harassment by Mr NarayaNasamy.  Mr Singh said he had received many explicit text messages from Mr NarayaNasamy that were "personal, intrusive, and of a sexual nature", between April and July 2014.  One such text message, produced during the ERA hearing, said "I need to have sexs with u soon".

Following his dismissal Mr Singh successfully took a claim for unjustified dismissal and disadvantage to the Employment Relations Authority (ERA) and was awarded $7500 compensation for his personal grievance, $10,948 in lost wages and $14,067 in wage arrears, holiday pay and public holidays worked.

Mr Singh told the Authority that after being notified of his dismissal Mr NarayaNasamy went to his room in the Backpackers Hostel, threw out his belongings and then threw eggs on them.  He also said that Mr NarayaNasamy was racially and physically abusive towards him, causing him to then flee the hostel.

The Authority Member, Ms Trish MacKinnon, could not cross-examine Mr NarayaNasamy, as he did not provide any sworn evidence.  However, she did not find Mr NarayaNasamy’s defence credible, regarding his written responses that he did file with the Authority, in which he said the text messages were intended for someone else. 

Mr NarayaNasamy denied Mr Singh's claims and he claimed Mr Singh actually lost his employment due to laziness and because he was trying to blackmail him for money.  Mr Singh had been given two formal warning letters from Mr NarayaNasamy, saying he had been rude to his manager and hadn't been providing written reports on his daily duties.

The ERA found Mr Singh also had money unlawfully deducted from his wages.  Once when a guest hadn't honoured their booking and another time when he obtained his driver's licence.  Wellywood Backpackers were given a $3000 penalty for imposing the unlawful "fines" deducted from Mr Singh's wages; half of which will be paid to Mr Singh and half to the Crown.