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Home / Bay of Plenty Times

Merepeka Raukawa-Tait: NZ must not condone businesses exploiting migrant workers

Rotorua Daily Post
17 Nov, 2021 09:34 PM5 mins to read

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Businesses included in prosecution statistics include liquor shops, bakeries, service stations, restaurants, takeaways and convenience stores. Photo / Getty Images

Businesses included in prosecution statistics include liquor shops, bakeries, service stations, restaurants, takeaways and convenience stores. Photo / Getty Images

OPINION

It is in their own interests for business owners and employers to know New Zealand's employment laws.

These set out the legal requirements and responsibilities of employers, including to act in good faith.

The laws also protect workers against exploitation.

Big employers will normally have their own HR or people and culture team, but employers with only a few workers should have someone too, to advise them on employment-related matters.

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I suspect most people wouldn't know there are 25 acts that come into play once you employ even one worker. Breaching these acts can prove costly.

We started early in New Zealand, claiming worker protection and the right to an eight-hour working day.

In 1840, the carpenter Samuel Parnell achieved that for Wellington.

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The provision soon extended to other centres, but it was not a legal entitlement, and applied to only some groups of workers.

Another 50 years would pass before all workers could enjoy an eight-hour working day and see improvements to their working conditions.

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The early trade union slogan "eight hours' work, eight hours' recreation, eight hours rest" seems outdated today.

Many people would not survive today working only eight hours a day.

I know people who work as many hours as they can, always on the lookout for overtime in their workplace.

Others have second jobs too. They need the additional money to survive.

And if you ask most business owners if they work eight hours a day, they would probably laugh.

They don't count how many hours they spend running their business. Their investment is on the line every day so they have to make it work.

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But there are some business owners I have no time for. They are unscrupulous and exploit their workers.

I am referring to the business owners who are appearing in the employment court for exploiting workers.

My impression is these workers are too often migrants and some offending owners are from the same country. How does that happen?

They purposely screw workers from their own country who are just trying to get ahead. Like the business owner.

It saddens me to read about these cases.

Apparently, it's not easy to achieve a successful prosecution. Stories change, employees are coerced and will often recant their stories or feel too threatened to continue.

Looking at the number of cases the Labour Inspectorate has investigated in recent years, it appears migrant worker exploitation is very much alive and well in New Zealand.

I believe the majority of New Zealander workers know we have rights as employees. We will ask questions and if we suspect we are being taken advantage of, we won't hesitate to seek advice and take action.

All employees should expect to be treated justly and paid fairly for the hours worked.

Migrant workers often come from countries where employment laws are mostly non-existent or, if they exist, are rarely enforced.

In these countries with populations running into the millions, people are desperate for work.

I believe they have to take what is offered no matter how exploited they feel. They need to work so they keep their mouths shut and heads down.

Businesses included in prosecution statistics include liquor shops, bakeries, service stations, restaurants, takeaways and convenience stores.

I would like to see the Labour Inspectorate visit these businesses every two years for at least the first six years of operation or when a change of ownership takes place.

Making sure the workers receive information, in their own language, about the employment laws we have in our country.

Explaining they have nothing to fear by speaking up if they feel something is not right.

Letting them know we have laws here that protect workers.

And if business owners feel they are being unfairly targeted then let them help spread the good news: "New Zealand welcomes migrant workers and wants to ensure they are familiar with our employment laws. New Zealand prosecutes employers who exploit workers."

Let both the business owners and the workers know we take our employment laws seriously.

In a recent case, a bakery owner grossly underpaid his workers.

The Labour Inspectorate found multiple employment law breaches: the Minimum Wage Act, Holidays Act, and Employment Relations Act.

Staff worked in excess of 80 hours a week, but were paid for less than half those hours.

Workers who complained were threatened; so, too, family members here and overseas.

They didn't capitulate and now the owner has to pay nearly $300,000 in arrears and penalties.

I believe everyone in business wants to be successful. But New Zealand doesn't condone growing business by robbing workers of their hard-earned wages.

Prosecutions of business owners exploiting their workers cast a shadow over the honesty and trustworthiness of other business owners who employ migrants.

This is unfair, yet that's what I'm hearing.

- Merepeka Raukawa-Tait is chairwoman of the Whanau Ora Commissioning Agency, a Lakes District Health Board member and Rotorua district councillor.

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