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The Indian Weekender, 27 October 2023

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8<br />

NEW ZEALAND<br />

Friday, <strong>27</strong> <strong>October</strong>, <strong>2023</strong><br />

Read online www.iwk.co.nz<br />

BOMMAI GOLU<br />

Heritage beyond<br />

borders, faith<br />

NAVDEEP KAUR MARWAH<br />

IN AUCKLAND<br />

<strong>The</strong> vibrant and time-honoured<br />

tradition of ‘Bommai Golu’, also<br />

known as ‘Bombe Habba’ or ‘Golu’,<br />

was celebrated enthusiastically in Auckland,<br />

where it continues to thrive and bridge<br />

the gap between cultural heritage and life<br />

abroad.<br />

Bommai Golu is a south <strong>Indian</strong> tradition<br />

where colourful dolls and figurines are<br />

displayed on multi-tiered shelves during<br />

the Navratrifestival, showcasing gods,<br />

goddesses, mythological characters and<br />

scenes from daily life.<br />

About nine years ago, Epsom residents<br />

Yogi, her husband Ram, and the community<br />

began celebrating Bommai Golu in New<br />

Zealand.<br />

Sharing their journey of keeping<br />

this tradition alive, Yogi, who works as<br />

Organisational Change Manager with<br />

Fonterra, says, “It’s a tradition we’ve<br />

always followed, and when we inherited the<br />

‘kalasam’ from our parents, we naturally<br />

carried it on.<br />

“In the past, we invited people from<br />

our community to come to our home and<br />

celebrate with us. We’d work together to<br />

create a special display for the occasion.<br />

Our guests included friends, family, coworkers,<br />

other parents from our kids’ school,<br />

and even people from the general public.”<br />

She says preparations for the Bommai Golu<br />

festival are significant for the community.<br />

Months of meticulous planning go into<br />

curating the display, including carefully<br />

arranging dolls imported from different<br />

places on multi-tiered steps.<br />

<strong>The</strong> display typically adheres to tradition,<br />

with odd-numbered steps featuring gods<br />

and goddesses on the top tier, while the<br />

lower steps depict traders, devotees and<br />

everyday scenes.<br />

<strong>The</strong> festival serves as a means of<br />

connecting with cultural roots and an<br />

opportunity to share this vibrant tradition<br />

with a wider audience.<br />

Over the years, the event’s attendance has<br />

grown, with up to 70 people participating in<br />

this year’s celebration at Yogi and Ram’s<br />

residence.<br />

<strong>The</strong> highlights of this year’s event, which<br />

took place on <strong>October</strong> 21, included unveiling<br />

new additions to the doll collection,<br />

captivating performances of traditional<br />

songs, and a heartfelt aarti, followed by a<br />

delicious dinner.<br />

Reflecting on the response to the event,<br />

the hosts expressed their joy at seeing<br />

people’s interest in upholding traditions and<br />

culture.<br />

Ram, a SAP consultant, emphasises the<br />

importance of events like Bommai Golu.<br />

“We had guests from northern and southern<br />

Yogi with<br />

her husband<br />

Ram, the<br />

hosts for<br />

the day.<br />

India, including Tamil, Telugu, Malayali,<br />

Marathi, and Sindhi. We’re happy to see<br />

people’s interest in upholding traditions and<br />

culture, and we have had a great response to<br />

this event every year.<br />

“<strong>The</strong>se cultural celebrations are crucial<br />

for the <strong>Indian</strong> community in New Zealand<br />

as they emphasise the significance of<br />

preserving traditions and culture while living<br />

far from home.<br />

"<strong>The</strong>y offer a means for the younger<br />

generation to learn and connect with their<br />

roots.”<br />

• Continued from Page 3<br />

In response, Mann paid a visit to<br />

Dhiman’s brother.<br />

“He was threatening him: ‘I know some<br />

police officers in India, they will take your<br />

parents’.”<br />

However, Dhiman persisted, taking his<br />

case to the ERA. On 6 <strong>October</strong>, 2022, the<br />

ERA ordered Mann to pay his former worker<br />

$69,981 in arrears of wages, $28,153.14 in<br />

arrears of holiday pay and interest on the<br />

two amounts.<br />

He was given 28 days to pay up, but<br />

more than a year later - and with interest<br />

mounting - he had failed to do so. And he<br />

told Checkpoint he did not intend to.<br />

“I’m prepared to go all the way,” Mann<br />

said. “It might take me five years, 10 years,<br />

15, but it will happen.”<br />

Sunny Sehgal said delay tactics were<br />

typical in cases like these.<br />

“After the determination, the employer<br />

does a runner on them, and they basically<br />

give up, because it’s too hard for them to<br />

keep chasing these employers who have<br />

disobeyed the directions.”<br />

Level up: <strong>The</strong> Employment Court<br />

Dhiman and his advocates then took the<br />

case to the Employment Court.<br />

In August, the court ordered Mann to pay<br />

a fine of $10,000 on top of what he owed<br />

Dhiman, “to deter him from any future<br />

breaches” and “underline the fact that<br />

compliance orders must be obeyed”. Of<br />

this, $6000 would go to Dhiman and $4000<br />

to the Crown.<br />

However, Mann had ignored this fine too.<br />

Another of Deepak’s advocates, John<br />

Wood, said it was time to pursue an even<br />

tougher penalty.<br />

“A term of imprisonment is warranted<br />

because of his failure to engage in respect<br />

of the money that he owes.”<br />

When a person failed to comply with an<br />

Employment Court order, the court could<br />

fine the person up to $40,000, order the<br />

seizure of their property or sentence them<br />

Deepak Dhiman (right), with advocates John Wood (left) and Sunny Sehgal (centre), walk out of Employment Relations<br />

Authority after a compliance meeting in March that Devinder Mann failed to attend. (Tom Taylor / RNZ)<br />

to a prison term of up to three months.<br />

In September, Wood filed another<br />

application in the Employment Court.<br />

“We’ve been there previously, and last<br />

time we obtained a penalty against the<br />

employer,” he said. “But unfortunately, that<br />

had no impact, so we’re going back to the<br />

court.”<br />

As Mann had already been issued a<br />

fine, that left the options of property<br />

sequestration or prison.<br />

Next stop, prison?<br />

Employment experts Checkpoint spoke<br />

to said they had never heard of the<br />

Employment Court sentencing an employer<br />

to prison for failure to comply with a<br />

compliance order.<br />

However, employment lawyer Barbara<br />

Buckett said the court did have this power.<br />

“I don’t think courts like issuing<br />

compliance orders or any order and people<br />

just flouting it,” Buckett said. “I don’t think<br />

they’ll take that lightly at all.”<br />

<strong>The</strong> Employment Court had sentenced<br />

an employee to 21 days’ imprisonment for<br />

non-compliance.<br />

In the 2017 case ALA v ITE, Judge Bruce<br />

Corkill said, “Whilst the imposition of a<br />

sentence of imprisonment is an order of<br />

last resort, and I have not been referred<br />

to any recorded instances where this has<br />

occurred previously, that possibility must<br />

be considered on this occasion, given<br />

the multiplicity of breaches, against the<br />

continued deliberate flouting of the court’s<br />

compliance orders”.<br />

Buckett said such non-compliance<br />

was becoming commonplace among<br />

employers.<br />

“Particularly, too, a lot of these are in the<br />

vulnerable workers area,” she said. “We’ve<br />

got minimum statutory requirements<br />

that they haven’t met, and when they<br />

get a determination against them, these<br />

employers either disappear or just resist<br />

and resist and resist.”<br />

‘Nothing more than a… parasite’<br />

Mann claimed Dhiman’s advocates were<br />

trying to ruin his life.<br />

“It’s all to do with John Wood,” he said.<br />

“I’m so pissed off. <strong>The</strong>se guys are nothing<br />

more than a ****ing parasite to society.”<br />

Checkpoint asked Mann why he had<br />

not presented his case to the ERA or<br />

Employment Court<br />

“Who’s going to listen?” he said. “I went<br />

there… <strong>The</strong>y’re all ****ing crooks.”<br />

Mann failed to show at an ERA<br />

meeting Checkpoint attended in March.<br />

In Mann’s absence, ERA member Eleanor<br />

Robinson ordered him to comply with the<br />

ERA’s <strong>October</strong> 2022 determination and pay<br />

Dhiman what he was owed.<br />

At a previous meeting, when the ERA<br />

told Mann he would be under oath, he left<br />

without producing any evidence, claiming<br />

the whole process was a “set-up”.<br />

Mann told Checkpoint that Dhiman had<br />

worked under about six different managers<br />

and said the ERA had not considered this.<br />

“So, you’re telling me I’m corrupt, or<br />

everyone else who worked at the company<br />

- six managers he worked under - are<br />

corrupt.”<br />

Checkpoint pointed out that Mann was<br />

the director of the company.<br />

“It doesn’t matter,” he said. “He was<br />

reporting to the manager, not me.”<br />

In its 2022 determination, the ERA found<br />

that given Mann’s role as sole director<br />

and shareholder of Naanak Limited, “it<br />

is apparent that Mr Mann was heavily<br />

involved in the breaches”.<br />

Mann had now been served with a<br />

summons to attend a financial assessment<br />

hearing, where his ability to pay what was<br />

owed to Dhiman would be assessed.<br />

Checkpoint asked him what he thought<br />

would happen if he kept refusing to pay.<br />

“I got nothing, simple as that. You can<br />

send me to prison, I’ll go to prison - I’m<br />

ready for it.”<br />

Dhiman welcomed this prospect.<br />

“I was working in his store like I’m a<br />

prisoner,” he said. “If he goes to prison<br />

then he will know how it feels working as a<br />

slave.”

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