...The Employment Relations Authority (ERA) recently dealt with a case involving a migrant worker who claimed wage arrears and unjustified dismissal against his employer.

The dispute sheds light on the vulnerabilities faced by migrant workers and the consequences of failing to meet basic employment standards…

The case centred around a migrant worker employed as a full-time painting labourer. The employer operated under the trading name "Painters Inc.", which was not a legal entity.

The employment relationship began on 3 October 2023, with the worker performing painting and plastering work at various locations.

Notably, the worker did not receive a written employment agreement until the beginning of November, which he signed on 13 November 2023.

The employer had supported the worker's work visa application, placing the worker in a dependent position…

In mid-November, the employer called a meeting with all workers, stating that he couldn't pay them due to not receiving payment from the construction company. Despite this, the employer continued to call the worker to work, using the worker's visa situation as leverage…

The ERA determined that the employer's actions amounted to constructive dismissal…

It's important to note that the employer did not participate in the Authority's investigation at all…

…the ERA ordered significant compensation for the worker…