An Indian-origin stable hand has won increased compensation after a New Zealand court found his redundancy from a prominent South Auckland racing operation was unjustified, following a six-year legal battle over workplace treatment.
It is reported by Awaaz that Itwinder Singh, who worked at leading thoroughbred trainer Stephen McKee’s Takanini racing operation from 2010 to 2020, had his compensation for humiliation, loss of dignity and injury to feelings increased from $8,000 to $15,000 by the Employment Court.
The decision follows an earlier ruling by the Human Rights Review Tribunal, which in 2024 awarded Singh $10,000 after finding he had been subjected to repeated racial harassment at work.
The tribunal found Singh’s Indian identity, accent and language were repeatedly mocked, with evidence that workers were discouraged from speaking Hindi among themselves, including during breaks.
The tribunal found McKee had imitated Singh’s accent and made comments that were racially offensive, including telling Indian workers to speak English and making remarks comparing wages to “rupees”.
McKee denied mocking Singh’s accent and disputed some allegations, describing some comments as workplace “banter”. However, the tribunal preferred Singh’s evidence, describing him as a consistent and measured witness.
The tribunal found McKee’s explanation that English-only rules were needed for safety reasons was not convincing, noting some workers had limited English skills when they joined the stable and required interpreters.
It is reported that Singh later raised concerns about the alleged treatment in writing. The tribunal found the behaviour stopped after his complaint and McKee later apologised for one remark.
In 2020, Singh was made redundant. While he alleged the decision was retaliation for raising workplace concerns, this was not proven. However, the Employment Relations Authority found the redundancy process was procedurally and substantively unjustified, with inadequate consultation and insufficient evidence supporting the restructure.
Singh challenged only the amount of compensation, arguing the impact on him had been greater. The Employment Court found his distress was worsened by losing his job after a decade of service and increased the payment to $15,000.
Singh, now 53, migrated to New Zealand in 2003 after training as a mechanical engineer in India and working in the merchant navy. He later studied physics and had hoped to pursue aerospace engineering.
After years spent pursuing his employment and human rights claims, Singh now works as an Uber driver and in stocktaking. Explaining why he continued his legal fight, Singh said:
“How can you, you know, let people get away with treating you like you’re nothing?”
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