Man awarded $9000 for discrimination by cleaning company boss

Ritesh Goel called the cleaning company after he saw a work van with a number in Lower Hutt. Photo / 123RF

A three-minute phone call has cost a cleaning company thousands after an Indian man called the business for a job but was instead met with discrimination.

Ritesh Goel has been awarded $9000 after he successfully took his case to the Human Rights Review Tribunal, arguing he was unlawfully discriminated against when he phoned up for a cleaning job in 2016.

It was a call he said left him feeling humiliated and anxious.

Peter Barron, the director of Wellington cleaning company Performance Cleaners, said he had no intention of discriminating against or racially harassing Goel, and just wanted to make sure he was hiring someone eligible to work in New Zealand.

Goel phoned Barron in December 2016 with the hopes of employment.

The call, recorded by an app on Goel's cellphone, was found to be in breach of his human rights in that his visa status was found to be the reason Barron refused employment.

In a transcript presented to the tribunal, Barron used language he admitted being embarrassed by.

"We don't trust you guys on those permits," Barron said. "We've learnt to be very, very um skeptical about uh work permits and what have you. So you're here to get New Zealand residency, is that what it's about?"

Barron then questioned Goel on wanting New Zealand residency, and when he said he would be getting it "at one stage", the conversation stopped.

"Yeah, no. Look look, we're just seasoned [or seasonal] employers and we just keep away from you guys with work permits and that, we just don't have any confidence … well-known scammers."

Barron told Goel to speak to his "countrymen" and said; "Perhaps talk to them first and see what they can do about it".

Goel's rights were breached by the cleaning company, who refused employment due to the man's working visa, a decision from the tribunal released today stated.

He had been in New Zealand for about two years before he made the call to the cleaning company looking for a job.

Goel claimed he was discriminated against for his ethnicity, including his nationality or citizenship, the decision said.

He said he was subject to discrimination at the pre-employment stage, and experienced racial harassment – all in breach of the Human Rights Act.

The call left Goel feeling shaken and humiliated, losing sleep as he stayed awake thinking about the interaction.

He also went to the doctors a few weeks after their interaction, reporting he felt anxious, angry, and suffering from insomnia.

Although the tribunal said Goel was discriminated against because of his work visa, they did not rule he was the subject of racial harassment.

Since the call, Barron said he had made changes to the way his business operated to ensure an incident like this did not happen again.

He also approached Goel in 2020 to apologise and offer a job.

"Mr Barron accepted that his comments were embarrassing and said that was not how he wanted to operate," the decision said.

"Mr Barron referred to work stress and tiredness, which may have impacted on the way in which he spoke during the call."

The tribunal ruled Goel was an applicant for employment and qualified for the role of cleaner, which did not require a formal qualification.

Barron had said Goel was not qualified for the work, and there was no work to offer him in the first place.

However, it was proven at the hearing Barron was "generally looking" to hire people and was hiring before and after the phone call in December.

"Mr Barron nevertheless refused to employ Mr Goel, saying that he kept away from persons with work visas," the decision said.

The tribunal ordered two declarations that Performance Cleaners were in breach of two sections of the Human Rights Act, and that the business pay Goel $9000 in damages.