Exploited chef awarded $90,000

A chef who worked for eight years without holidays or holiday pay has won $90,000 from her former employer.

Boon Chwee Tan was employed at Christchurch's Asha Restaurant from December 2000 to December 2008, working her way up to head chef.

All that time, she was not paid for working on public holidays and did not receive any lieu days.

Ms Tan also claimed she was threatened, discriminated against and subjected to verbal assaults by her boss, Chung Wong.

She felt that she had been unjustifiably dismissed at the end of 2008, when she asked for Christmas Day off.

The Employment Relations Authority - in a decision released last week - found Ms Tan had worked up to 57 hours a week. Her minimum hours were set at 40 a week.

Mr Wong - her employer from December 2000 to July 2006 - disputed Ms Tan's claims, saying he had paid her extra for working public holidays.

From July 2006 to December 2008, she was employed by Asha Co Ltd - a company incorporated by Mr Wong.

The authority said: "There are no records about hours worked on public holidays and the wage records available make no reference to public holidays at all or additional payment."

It ordered Mr Wong to pay her almost $28,000 for hours worked and time and a half for working on public holidays, while the company itself was told to pay her just over $30,000 for that work.

Ms Tan will also receive just over $10,000 for working on alternative days, almost $19,000 in holiday pay and $3000 for unjustified dismissal.

The authority said Ms Tan was entitled to some compensation recognising the circumstances of her dismissal, which resulted in her resigning because of the pressure she was feeling about claiming money and enforcing rights in circumstances where she was continuing to work.

"Ms Tan said that she wanted to be treated fairly for working hard for eight years," the authority said in its decision.

"She said that her health was not good nor her physical condition and that she worked long hours. The awards made in terms of these hours and holiday pay will go some way towards dealing with that matter."