Wellsford Superette worker awarded $13k after ERA case hears of gruelling hours, no pay

The owner of the Wellsford Superette has been ordered to pay a former worker more than $13,000.

Working 70-hour work weeks for five weeks, with only four days off, was an immigrant’s reality when he arrived in New Zealand searching for a better future for his family.

But, in addition to being overworked at the Wellsford Superette, Jagdish Kumar Dhobi was not paid a single dollar for his efforts.

Now, the Employment Relations Authority (ERA) has found the former retail supervisor is owed more than $13,000 from the superette’s owner Mayur Jajadiya of Expert Enterprise Limited (EEL).

Dhobi met Jajadiya in India in 2021 and was later offered the job at the superette.

Despite having a degree in business management and a career in banking, he accepted the offer in the hope the best was yet to come for his family.

But when he arrived in New Zealand in 2023, that dream quickly turned into a nightmare.

While he signed an employment agreement that promised an annual salary of $58,240 for 40 hours of work per week, from the moment he arrived until July 24, Dhobi worked tirelessly, logging an estimated 437 hours of work.

He received no pay and after leaving the superette, he took EEL to the ERA seeking lost wages.

At a hearing in early November, both sides presented their case around what wages were owed to Dhobi which Jajadiya claimed was only 227 hours.

Dhobi told the ERA he was subjected to gruelling hours. He said there was no roster and recalled working from 6am until 9.30pm with few breaks.

He said he just did as was directed and provided the ERA with GPS records that showed he was only offsite for four days out of the 36 he worked at the superette.

Jajadiya denied the allegations, arguing Dhobi had exaggerated the hours he worked and the GPS data was unreliable.

He produced a time record, which did not identify the employee’s name or pay details, to support his argument.

But the ERA determined it was not an accurate wage record as it was unable to be cross-referenced with any pay slips because they did not exist.

ERA member Marija Urlich found EEL’s records were woefully inaccurate and non-compliant with labour laws.

Dhobi was awarded $12,245.24 in wage arrears, which covered the 437 hours he argued he had worked.

He was also awarded $979.62 in holiday pay and interest on the total sum for the delayed payment.

Jajadiya is also the listed director of seven companies that offer lawnmowing services, a beautician and several digital communications businesses.

Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.