Bay of Plenty boss hit with $400K exploitation bill has ‘no money’, ordered to pay more
Indo Kiwi Horticulture was found to have commited 14 separate breaches, including selling jobs for visa.
The employer seems to have a source of income to pay for his family and travel to India, the Employment Relations Authority has found.
A Bay of Plenty labour hire boss hit with more than $400,000 in penalties, wage arrears and repayments over breaches involving four Indian migrant workers has told the Employment Relations Authority (ERA) he has “no money” to meet the orders.
In an order on September 11, the authority noted Boota Singh Dhillon said he was still sending money to his parents in India every week, supporting his two young children and planning an extended trip to India – leading it to conclude he must have some form of regular income.
As a result, Dhillon and Indo Kiwi Horticulture Ltd have now been ordered to pay another $7,459.44 towards the Labour Inspector’s costs, disbursements and filing fee. They are jointly and severally liable for the amount, which must be paid within 28 days.
The latest order follows an August determination in which the ERA found the company had breached minimum wage, holiday pay and unlawful premium rules involving four Indian nationals who had come to New Zealand to work for the company.
Dhillon wrote to the authority on August 24 saying he had no money to meet the penalties. He said he had financial commitments including providing food and clothing for his two young children, who lived with their mother.
Christchurch motel convicted of exploiting migrants received $1.27m in government grants Despite working between 84 and 98 hours each week, the workers were generally paid for only 40 hours.
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He also said he had to care for and financially support his elderly parents in India, sending them money every week for medical treatment.
Dhillon said both were disabled and that he expected to travel to India for an extended period to assist them.
Authority member Jeremy Lynch was not persuaded that this established an inability to pay.
“Given that Mr Dhillon’s email sets out that he is able to send money to India each week for his parents, provide financial support for his children, and plan to travel to India for an extended period, the Authority assumes he must have some form of regular income,” Lynch said.
Dhillon did not provide financial information to support his claim, details of his current employment or income, or information about the whereabouts of the unlawful premium payments he had been found to have received.
Indo Kiwi Horticulture was a labour hire company supplying workers predominantly to kiwifruit orchards in Bay of Plenty and had previously held Immigration New Zealand (INZ) accreditation to employ migrant workers.
Dhillon was its director and shareholder between August 2021 and October 2024, when the breaches occurred.
The ERA found there had been 14 separate breaches: three involving unlawful premiums, four involving minimum wages, four involving annual holiday pay and three involving public holiday pay.
It said the breaches were “clearly intentional” and were not isolated or technical failures. The four workers were owed a total of $152,294.91 in wage and holiday pay arrears and unlawful premium repayments. That included $65,437 in unlawful premiums ordered to be repaid to three workers.
In one case, a worker was told after starting work that he had to pay money as part of his visa conditions. Another worker was told he would not be paid his wages unless he paid a premium. A third worker agreed to pay a premium after being told by another worker that it was an “immigration requirement”.
The authority accepted that the payments were ultimately intended for Dhillon and that money was transferred into Indian bank accounts belonging to members of his family.
The workers were also found to have been underpaid minimum wages and holiday entitlements. The ERA said they were particularly vulnerable because they were on employer-specific work visas and relied on the company for their immigration status.
The company was ordered to pay $176,000 in penalties, while Dhillon was personally ordered to pay another $88,000. Together with the $152,294.91 in arrears and unlawful premium repayments, the orders totalled $416,294.91, excluding interest.
Dhillon was found to have been the “controlling mind” of the company and to have been personally involved in the breaches.
The September order dealt solely with costs arising from the earlier case. The ERA awarded the Labour Inspector $6,250 towards costs, plus $1,137.89 in disbursements and the $71.55 filing fee.
