JAGJIT SINGH v L&B FOODS LIMITED and ANOR [2026] NZERA 13

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

Mr Singh worked as a kitchen hand. After an incident where the employer believed he attended work intoxicated and later returned to the restaurant, Mr Singh was dismissed by phone call and then email. The Authority accepted there were substantive concerns, but found the dismissal process was significantly deficient and the defects were not "minor". The personal grievance for unjustified dismissal was upheld. The Authority also determined wage and public holiday underpayments, while dismissing Mr Singh's personal grievance for unjustified disadvantage.

Key case markers

• Authority member: Helen van Druten.
• Employment ended: 27 February 2024.
• Unjustified disadvantage claim: unsuccessful.
• Contributory conduct: one-third reduction applied to the unjustified dismissal remedies.

Key events described (as described by the Authority)

• On 27 February 2024, Mr Singh's employment was terminated with immediate effect.
• It is agreed by the parties that, other than from 17 May to 11 June 2023 and 7 August to 8 October 2023 (the disputed periods), Mr Singh was paid 30 hours each week at $30 per hour.
• He claims that for the 27 weeks from 12 June 2023 to 25 February 2024 he is owed an additional 601 hours worked equating to $18,030 gross, plus holiday pay and interest on that amount.
• Mr Vivek was unable to provide any reasons why he paid $280 in cash to Mr Singh over the nine-week period from 7 August to 8 October 2023.
• It records a day in lieu payment for 26 December 2023 even though the L&B roster does not record him working on that day.
• The 3 June 2024 payslip shows some additional payment at T1.5, leaving a short payment of $45 gross.
• Mr Singh is awarded payment for the remainder of his public holiday hours worked on 1 and 2 January 2024, being $45 gross.
• Even though significant time has passed since this event, the incident of 26 February 2024 was a significant event to Mr Singh at the time.
• Both parties agree that the incident on 26 February 2024 occurred around 8pm.
• There is no paper trail of prior meetings with feedback, warnings or investigation undertaken relating to the incident on 26 February 2024.
• On 27 February 2024, Mr Vivek phoned Mr Singh then emailed Mr Singh (and copied his uncle) with (quoted wording omitted).
• For that reason, I consider that there were more than minor defects in L&B's process when it dismissed Mr Singh without notice on 27 February 2024.

Orders and payments mentioned

• Unjustified dismissal remedies (combined and reduced): $8,933 (payable within 28 working days).
• Wage arrears: $12,165 gross, plus 8 percent holiday pay on that amount.
• Public holiday underpayment: $45 gross, plus 8 percent holiday pay on that amount.
• Interest: Interest ordered on the wage arrears and public holiday sums (after holiday pay) under the Interest on Money Claims Act 2016.
• Other note: If L&B does not pay the wage/public holiday/holiday pay sums ordered, Mr Vivek may be personally liable as a person involved.

Read the full ERA determination (embedded)

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.