For some weeks the employee’s hourly rate of pay was under three dollars an hour
There will be rigorous prosecution of employers who exploit migrants, according to Immigration New Zealand.
The warning follows the sentencing of retail company Sai Bliss Limited and one of its directors’, Bhupinder Bhardwaj in the Waihi District Court this week.
Failure to properly pay a migrant worker and observe his holiday pay entitlements over an almost 18-month period resulted in a 12-month sentence of home detention for Bhardwaj and a $250,000 fine for his company.
It followed guilty pleas to charges of providing false information to Immigration New Zealand (INZ) and exploitation charges under the Immigration Act for failing to observe the Minimum Wage and Holidays Acts.
Despite agreeing to pay an employee on a work visa $18 an hour in his employment agreement, an investigation into Sai Bliss and Bhardwaj found the employee was paid just $250 a week and consistently well below the minimum wage.
Moreover, for some weeks the employee’s hourly rate of pay was under three dollars an hour.
Bhardwaj told the employee his rate of pay would not be changed and also threatened to have his visa terminated.
Investigations revealed the employee was owed over $73,000 in minimum wage and holiday pay arrears.
INZ Assistant General Manager Peter Devoy said the case is ‘significant exploitation’, and he’s pleased with the strong deterrence message the sentences send.
READ MORE: ‘This is a clear case of migrant exploitation’
“The exploitation of migrant workers by paying them less than minimum wage, forcing them to work excessive hours and threatening their visa status – such as happened in this case – is unacceptable and won’t be tolerated by Immigration New Zealand.”
“This is happening all too often in NZ, and we won’t stand by and let it happen. Where there is evidence, we will investigate and prosecute.”
INZ advises anyone who believes they are being exploited in the workplace to get in touch with authorities.
