Migrant exploitation is like groundhog day - it keeps happening

Tuesday, 25 June 2019

Unions claim exploitation of migrant construction workers is rife, but they are by no means the only migrant group at risk from unscrupulous employers.

OPINION: After almost 40 years in journalism there are some subjects I hope never to write about again. Migrant exploitation is one of them.

But it keeps happening, and we keep writing about it because it is unfair, unethical and illegal.

A decade ago I did several exposes about the appalling treatment meted out to migrant dairy workers, dumped on farms without any ongoing support, underpaid and overworked.

There was the worker virtually kept prisoner on a North Canterbury farm because he had borrowed heavily to come here, couldn't afford a vehicle and his boss would not lend him one so it was four months before he set foot off the property.

When he asked his recruiter to move him to another farm his employer threatened to have him deported, and sleuthing by a migrant dairy worker group discovered some of its members were earning up to $5000 a year more than others doing the same job.

* Migrant workers exploited by other migrants in New Zealand

* Freebie labour and the story of Robinwood Farm

* Working for a bed - Kiwi hospitality or a big rip off?**

Then there were the young travellers working unpaid or for well below minimum wage in exchange for a free bed, thousands of them passing through Robinwood Farm near Christchurch where their rations included leftovers from supermarket waste bins.

Backpacker hostels, motels, farms and hospitality outlets jumped on the freebie labour bandwagon and a crack down by the Labour Inspectorate forced hostels to abandon a long tradition of bed-for-board deals, minus niceties like PAYE and GST.

As Christchurch's post-earthquake rebuild cranked up and the Auckland building boom took off, construction workers joined the ranks of new migrants being ripped off.

The dairy industry has been a major employer of Filipino workers and some farmers faced a steep learning curve in their management of migrant labour. (File photo)

There are also indications of problems in the transport sector.

And the standard of migrant worker accommodation hit the headlines after Stuff reported that dozens of Filipino workers were being housed in 22 cabins inside a Manurewa warehouse, a facility that is to close after Auckland Council deemed it to be dangerous building posing a serious fire risk.

While migrant workers have the same employment rights as their Kiwi counterparts, the Labour Inspectorate acknowledges they are very reluctant to complain about breaches of employment law.

In the case of the dairy industry some rural communities refused to countenance abuse and took matters into their own hands.

Southlanders swooped in to assist a migrant family who returned from shopping to find they had been locked out of their house and their belongings piled in the woodshed, and a church group sang hymns outside the home of a farmer with a track record of abusing his migrant employees.

When Immigration New Zealand (INZ) gets an allegation of migrant exploitation, it can grant a work visa for six months which is not tied to a specific employer, allowing the migrant to remain in the country while their complaint is investigated.

Encouraging whistle blowing is an uphill battle, not helped by Associate Transport Minister Shane Jones standing up in Parliament and referring to Filipino migrant workers as 'pimps' for 'spying' on New Zealand businesses.

His claim was made in the context of the transport agency inviting anyone - employees, clients, members of the public - to report illegal practices by transport operators.

New Zealand's first Filipino MP, lawyer Paulo Garcia, entered Parliament on the National list last month with a background in immigration law and having served as the Philippines honorary consul in Auckland.

A Christchurch farm that accommodated thousands of young travellers in a rundown house was fined almost $46,000 for exploiting workers it claimed were volunteers.

Even allowing for the fact that he is a 'newbie' to Parliament not wanting to tread on a colleague's toes, it was disappointing that, given his grassroots knowledge of the Filipino community, Garcia declined to comment on the migrant worker issue, referring Stuff to National's immigration and work place relations spokesman Michael Woodhouse.

Unions say migrant workers often don't avail themselves of the protection offered by membership because employers threaten to fire them if they join up, and threats to withdraw support for visa renewals as an intimidation tactic are common.

A recruiter who has intervened and moved bullied migrants to new employment says medium-sized companies growing fast and under financial pressure tend to be the worst.

He gave the example of Filipinos being treated as second class citizens, shunned at smoko and told by a manager 'you better work real hard or you will be going home to that s…hole country you live in.'

A labour hire company says a worker who wanted to swap employers was told he would be blacklisted and never get another job in New Zealand when the company he was with got wind of his plans to shift.

Scared stiff, he stayed put, despite the lower pay rates.

There are undoubtedly many good employers who treat their migrant staff with respect.

This migrant worker accommodation inside a South Auckland warehouse is being investigated by the city council after inspectors raised concerns about fire safety. Dozens of Filipino workers have been living there for about 18 months.Those who talked to Stuff said it was cold and the $200 a week rent for a bedroom in one of the 22 indoor cabins was expensive.

They understand the productivity gains to be had from a workforce that feels valued and turns up each day well rested from living in suitable accommodation.

However, the rat bags are out there and they need to be dealt to.

A fair labour migrant agreement promoted by First Union sets out to protect construction workers by setting standards for pay, accommodation, pastoral care, and complaints and disputes processes.

It's a start, but it covers just one segment of the migrant labour workforce, and relies heavily the union's ability to ensure adherence by signatories.

There are proposals to make it mandatory for all employers to go through an accreditation process with Immigration NZ before they can hire a migrant worker, and for the establishment of regional skills visas that make it easier for workers to swap jobs.

The Ministry of Business Innovation and Employment is also heading a review into the exploitation of temporary migrant workers, and says it will identify 'impactful and enduring' solutions by the end of the year.

Let's hope they do.