Hemal Patel worked for 73 weeks without getting paid and has won his employment case.

An Indian immigrant who worked for 73 weeks without being paid has won his employment case.

Hemal Patel began working at Papatoetoe car yard S & G Plus Auto Electrical in south Auckland in February 2014.

He had earlier arrived in New Zealand and was advised by his immigration advisor about the position.

A visa was granted to work at S & G and he signed an employment agreement to work 32 hours a week at a rate of $18.50 an hour.

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But aside from a four-week period where he received wages Patel received nothing, eventually resigning in June last year.

Patel took his case to the Employment Relations Authority, claiming more than $40,000 in wages.

He explained that he had been afraid to complain about not being paid in case he lost his job and therefore his work permit and ability to stay in New Zealand.

With no wages being paid, he lived on a credit facility and on money loaned from his family in India.

Patel had even paid the Inland Revenue Department more than $4000 himself after being told by an S & G manager that he was required to.

In her decision, authority member Vicki Campbell said S & G director Shanta Kumar had repeatedly failed to attend scheduled meetings regarding the investigation.

After looking at Patel's bank accounts, and with no evidence presented by the company, Campbell accepted the claim.

She awarded Patel $40,848 in lost wages, $3267 in holiday pay, the $4207 paid by Patel to Inland Revenue and $5000 compensation.

Patel found new work soon after resigning from S & G.