Indian chef worked for two years unpaid at Darshana’s Curry and Tea House, tribunal hears

A chef worked unpaid at an Adelaide Indian restaurant for two years as her employer threatened to cancel her visa, a tribunal has heard.

An Indian chef worked for two years without pay at an Adelaide restaurant while her employer allegedly used threats of deportation against her, a tribunal has heard.

The South Australian Employment Tribunal was told Pawanjeet Heir – employed at Darshana’s Curry and Tea House between May 2013 and July 2015 – was not paid close to $200,000 by two owners during that period.

The tribunal heard this included receiving no wages, overtime, superannuation, or leave, despite working up to 60 hours a week for the company.

Kiranbahai Patel offered Ms Heir – who was living with her husband in Melbourne – a sponsored position as a cook in 2013, with the chef uprooting her family’s life across the border to accept the job so she could stay in Australia on a working visa.

However, after a month of unpaid training and just four weeks of paid work, her wages stopped.

Ms Heir said she was told by Mr Patel he was having trouble with his accounts on two occasions.

The tribunal heard on a third request for payment, Mr Patel told Ms Heir she was not going to be paid and if she objected, she would be deported.

Darshana's Curry & Tea House, Mawson Lakes.

Ms Heir would work between 10 to 12 hours a day, six days a week and duties were increased to include cleaning.

Her day off was Tuesdays, but the tribunal heard Mr Patel “usually instructed” Ms Heir to work on that day. This would leave her with only one or two days off a month.

The tribunal heard Mr Patel forced Ms Heir to sign pay slips and not record the true hours she worked.

Both Mr Patel and his wife Radhaben Patel failed to provide any written or oral evidence in response to the claims.

Deputy President Magistrate Stephen Lieschke said he accepted Ms Heir’s evidence of only being paid wages in the first few weeks of employment.

He also accepted the evidence Mr Patel was involved in the employer’s contraventions of obligations to pay overtime rates, weekend penalty rates, meal allowances and personal leave.

He also found the lengthy hours were “unreasonable overtime”.

A further hearing will be held to determine a penalty.

Originally published as Indian chef worked for two years unpaid at Darshana’s Curry and Tea House, tribunal hears