An increasing number of migrant workers are beginning to complain against their employers for exploitation, breaching minimum wage law and other issues.
Workers from India on work permits and students, who were hitherto silent victims of ‘harassment’ and verbal abuse, are approaching government agencies such as the ‘Employment Relations Authority (ERA) and tribunals to redress their grievances, oblivious to threats of deportation.
Official sources said that while the legal status of such migrants was always a contested issue, no one should be allowed to become victims of employer fraud, indiscretion and unacceptable behaviour.
In a recent ruling, the ERA ordered an Auckland based company to pay more than $70,000 to a Chinese woman, who had complained that she had paid $33,000 to a director in exchange for her employment as an advertising sales representative for the sole purpose of obtaining residency.
But she later complained to the ERA.
Unfair exploitation
Equal Employment Opportunity (EEO) Trust General Manager Bev Cassidy-Mackenzie expressed her appreciation to the woman and said that manipulation of migrant workers was not only immoral but also illegal.
The Trust was aware of other allegations about migrant workers who were disadvantaged by their unscrupulous employers, she said.
“This is not acceptable and all businesses should respect all employees, regardless of their immigration status. Such exploitation could be more widespread, since many migrants are scared they may lose their visa, and do not know their rights,” she said.
According to her, Immigration New Zealand (INZ) would consider if there was a case against the director of the company, following the end of its investigation.
Ms Cassidy-Mackenzie said that there were many allegations of some small businesses employing migrant worker below the minimum wage.
“New Zealand has an increasingly diverse workforce and all employees should be treated equally but sadly that is not happening,” she said.
Government attacked
Meanwhile, Labour Party Immigration spokesperson Daniel Fenton has accused the Government of failing to keep up its promise of cracking down on employers who abused migrant workers.
“The National Government has turned a blind eye to the serious breaches of labour laws. TVNZ has revealed that two months after it exposed Auckland restaurants paying migrant workers less than the minimum wage, the number of labour inspections were reduced, no additional labour inspectors were appointed and no prosecutions undertaken,” she said.
Ms Fenton said that she was disappointed that Labour Minister Kate Wilkinson, who had promised to investigate an action was unable to unable to even say how many complaints have been made by workers on temporary work visas or the number of investigations carried out.
“This is why Labour wants an inquiry into the extent of this kind of abuse and a proper response to the threat this poses to all New Zealand workers.
“Workers expect this Government to protect their rights and act when they are mistreated. Breaches of employment laws and minimum wage must be considered as crimes and punished accordingly,” she said.
Read our editorial, ‘Abuse of migrant workers must stop’ under Viewlink.
