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Migrant Exploitation

If you are working on a temporary visa, or without a proper visa and you are not receiving

your minimum statutory entitlements under the Minimum Wage Act 1983, the Holidays Act

2003, or if your employer has failed to comply with the Wages Protection Act 1983, it is likely

that you are being exploited.

Common Claims: Employees who suspect that they are being exploited commonly claim for

unpaid annual leave, public holiday entitlements, and unpaid wages. The Worker’s Advocate

often pursues penalties on behalf of workers who have been exploited.

The Process:

- request for wage and time records from employer

- claims meeting with employee

- formal claim put to employer

- negotiations

- settlement or commencement of proceedings in the Employment Relations Authority.

Notable exploitation cases of The Worker’s Advocate:

Sachin Nayak v Urban Turban Ltd 01 June 2017 [2017] NZERA Auckland 160

- Recovery of Unpaid Wages/$30,000 in penalties

Agustin and Anor v Auckland Harbour Oaks Ltd  18 July 2014  [2014] NZERA Auckland 316 

- $78,000 recovery of unpaid wages and entitlements; penalties

Domingo v Meng Suon & Ngan Heng t/a Town & Country Foods  07 March 2017  [2017] EMPC 222/2016

- employer found to have breached employment agreement; penalty ordered to be paid by employer to employee

Media interviews:

  • 'Nobody is a superhuman' - Exploited migrant worker calls for Government crackdown on rogue employers

       Watch TV ONE "1 News"

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