Kamil Lakshman
Wellington, September 20, 2023
Is it time to name and shame unscrupulous employers?
In recent times, migrant exploitation cases have been surfacing and have been in the news.
This has come about because employers have been able to “job sell” to impressionable people who have dreams and aspirations and hope for a better future.
Instead, they have been duped, deceived, and dumped.
We are profiling one such story where Pooja (not her real name) fell into this trap.
Pooja paid approximately $25,000 after placing her faith in a friend who introduced her to a New Zealand employer.
The employer demanded the money to secure the job but it did not include legal expenses for visa and travel costs.
An Accredited Employer Work Visa (AEWV) was issued to her.
Upon arriving in New Zealand, her conditions of work were abysmal. She was forced to work for long hours and was not paid for the work she did after hours. Furthermore, annual leave was deducted when it was a normal workday.
Extortion and harassment
If that was not bad enough, Pooja was asked to pay more money as the employer did not feel $25,000 was enough. She was asked to pay part of her salary back in cash and when she protested the employer demanded that she take out a loan and pay him back in a lump sum.
She refused to do this. As was predictable, she was subject to harassment and bullying as she did not comply with the demands. It was not surprising that she was dismissed from her position with one week’s notice.
Pooja has lodged a complaint and is waiting for feedback from Immigration New Zealand (INZ).
For victims like Pooja, a pathway is available through the Migrant Exploitation Protection Work Visa (MEPWV), which enables them to leave their position quickly while the exploitation complaint is investigated.
INZ website states: “To apply for this visa, you must have your report of exploitation assessed by Employment New Zealand and have been given a Report of Exploitation Assessment letter. Secondly, this visa has to be applied within one month of receiving the Report of Exploitation Assessment letter. This visa does not require an application fee to be paid nor supply medical and police certificates. This visa will be granted for up to six months depending on the time remaining on your current visa.”
Victims’ apprehension
What we are finding is that people are scared and fearful of telling their stories. It is because of this type of fear that such exploitative employers think they can get away with it.
In a scenario such as this, Accredited Employer Work Visa holders are scared to stand up to the bullying and harassment from their employers because their visa conditions are tied to the employer. If they are dismissed, they lose their right to stay in New Zealand.
This is the reason, we are told, that they put up with such behaviour from their employers.
However, the purpose of this article is to highlight a recourse to people in such situations, how they can stand up for their rights and still be able to stay and work in New Zealand. It is this fear that is stopping people from coming forward.
If you are being exploited and you are on a visa then know that you do have a solution.
On Wednesday, 20 September 2023, the government announced changes to the immigration system to increase support and protection for migrant workers.
Now, for those on MEPWV visas, short-term basic financial support and job search assistance will be provided; the ability to apply for a second MEPWV if they need more time to search for a job is available; and the removal of the 90-day trial period for those on the AEWV.
This pathway is available to anyone in Pooja’s position.
Kamil Lakshman is the Principal Lawyer at Idesi Legal which has offices in Wellington, Auckland and Dunedin. She is deeply committed to serving communities and has helped in the immigration process of hundreds of migrants and refugees over the past three decades and helped them obtain Work and Residence Visas. She lives in Wellington but travels all over New Zealand to serve her clients along with her team of legal and immigration practitioners.
