Media exposure and public outcry over the exploitation of migrant workers from India by a restaurant chain has prompted the Government to initiate action against a restaurant chain, believed to be owned by a person of Indian origin.
As mentioned in our report and Editorial in our June 15 issue, the Labour Inspectorate is currently investigating into complaints made against the restaurant chain that migrant workers are forced to work up to 70 hours a week for about $265 a week, contravening a number of provisions of the Employment Law including payment of minimum wages.
Immigration Minister Michael Woodhouse said last week that he would not hesitate to deport such employers. He said that a system is in place to protect victims who file genuine complaints against their bosses (see Homelink).
But deportation would be impossible in the case of rogue employers who have become New Zealand citizens. The law of the land should therefore apply.
On a related note, it is heartening that the Business, Innovation and Employment Ministry has filed action with the Employment Relations Authority (ERA) in Auckland against the restaurant chain.
The ERA action demands that the business owners provide wages and time records, holiday and leave records and employment agreements for about 100 staff across the restaurant chain. The owners failed to meet a deadline to provide the records, which are mandatory in the first place.
The Ministry is also seeking penalties for failure to comply.
It is understood that 15 companies associated with the restaurant chain are involved and that each of them faces a maximum penalty of $20,000 in respect of each failure to comply under ERA.
The ERA action is stated to be the first was a first step but if breaches are found to have occurred, further enforcement action is likely to follow including improvement or demand notices, financial penalties or court action.
These are welcome moves and many community leaders have urged businesses, residents and victims to bring to the attention of the authorities any employer misusing and abusing migrant workers.
Please contact the authorities on 0800-209020.
