Whistleblower faces deportation

An Indian orchard worker who claims he assisted Immigration NZ and the Ministry of Business Immigration and Employment in uncovering worker abuse in the kiwifruit industry is facing deportation.

Hardeep Singh provided authorities with information leading to the expulsion of three illegal workers from Bay of Plenty orchards.

He also provided information about industry operations in the contract labour sector for MBIE and Immigration NZ, he says.

He told SunLive he informed authorities that he would likely be fired as a result of providing officialdom information and was given assurances it would be dealt with and he would be looked after.

The 28-year-old has now lost his job and been given a week to find another one, or deportation procedures will commence.

'I don't know how he [the employer] found out, but he found out I contacted MBIE,” says Hardeep.

Hardeep was subsequently removed from his administrative position and sent out into the orchard. He says he was not paid from that day.

It's not a small problem, says Hardeep. There are many kiwifruit workers forced into working for less than minimum wage and not paid holiday pay under the threat of deportation.

A woman he says, who also stood up to the illegal practices, was unable to get more work.

'I was beaten, but I was lucky, some people get more beaten up,” says Hardeep.

In one instance Hardeep says an argument with his former boss on the orchard turned into a minor assault and police were called. Hardeep was not injured and no charges were laid.

'First I stand up, the next day I don't have a job,” says Hardeep.

Hardeep's first clash with his former employer happened in February this year during a crack-down by Immigration NZ.

Hardeep refused to sign a statement saying all workers were paid according to the law.

'He came to me bringing a letter stating that everybody got holiday pay and everything was all right,” says Hardeep.

'I refused to sign that letter.”

Hardeep's been in New Zealand since April 2010. He used to manage Japanese, German English workers, but says these days they are mainly Indian and Nepalese.

Tauranga Employment consultant Rachel Rolston says young Indians lured to New Zealand with the promise of office work instead find themselves on kiwifruit orchards in forced labour gangs.

'We're kind of at our wits end out here,” says Rachel.

'It's happening all the time, it's an ongoing thing. It's constant, year round.”

It's been long known anecdotally that there are illegal kiwifruit workers on the orchards during harvest in particular, says Rachel. It's been reported but nothing is done to address it.

'Everyone knows they are out there. I was a kiwifruit worker. I know they were out there. You didn't see the bit where they were getting beaten up. You never saw that.

'That's not the job they signed up for. These guys are office workers, but they just have no choice.”

When Hardeep was sent out into the orchard to work he discovered a heap of employees in similar circumstances. He says it is the illegal workers and students being paid less than the minimum wage.

Hardeep told authorities he had documented evidence of the wage and time records issued, pay records showing hundreds of dollars in arrears for several workers, and video evidence of migrants forced to work jobs they did not start with, says Rachel.

'Still, there is apparently nothing that can be done for him.”

'Immigration's been told his employment was terminated because he was a bad employee and Immigration's said ‘get another job or get out of the country'. This is exactly what happens to these people. That's why they just stay there and put up with it.”

Immigration New Zealand cannot discuss the specifics of Mr Singh's case without a privacy waiver from him, says communications advisor Philippa Norman.

The Labour Inspectorate and Immigration NZ are working together to crack down on exploitative behaviour, such as through the recent proactive audits of kiwifruit contractors in the Bay of Plenty, Immigration NZ says in a statement.

'The Labour Inspectorate is aware of Mr Singh's situation and a labour inspector is working with him to resolve his concerns.”

Labour Minister and Tauranga MP Simon Bridges says the issues of migrant exploitation are taken very seriously.

'I expect MBIE to take complaints of migrant exploitation seriously and investigate them,” says Simon.

'And where that isn't happening I want to know about it.”

Simon doesn't think migrant exploitation is a large problem in horticulture, but there is concern that it is growing.

Jail penalties for worker exploitation have recently been increased to seven years, and the MBIE has recently put out a discussion document ‘Playing by the rules'. The paper is about migrant exploitation and ensuring everyone is doing the right thing to ensure people working in New Zealand get at least minimum employment standards, says Simon.

'Minimum wage, holidays, pay, because the labour inspectors tell me that cases of egregious exploitation are not just in horticulture but in many areas, retail, primary production hospitality, is on the rise,” says Simon.

'We've recently increased penalties under the immigration law to seven years in prison for bad migrant exploitation. Cases of systemic underpayment, lack of holiday pay, work akin to forced work. We are really hammering that.”

The leadership in the horticulture industry also takes the issue of worker exploitation very seriously, and have begun working with officials from MBIE and the labour ministry to make sure they are doing everything possible to clean up the margins of what is a very important industry for the region, says Simon.

His office released a discussion paper on June 11 on minimum employment standards and submissions close on July 23.

'While the majority of employers in New Zealand comply with the employment standards, there are a concerning number of reports of serious and systemic breaches, which include practices that exploit vulnerable and migrant workers,” says Simon.

'New Zealand's employment standards are not optional and this Government is committed to stamping out dodgy and deliberate employment breaches.”

The discussion document outlines a range of options to improve the enforcement system, focussing on ensuring sanctions are an effective deterrent, adapting the enforcement approach of the Labour Inspectorate to increase the chances of identifying employers, who break the law, and improving information on how to comply and deal with alleged breaches and improving the processes for dealing with them.

The Labour Inspectorate is responsible for investigating and taking action against breaches of minimum employment standards and there are some employment related issues which fall outside the Labour Inspectorate's jurisdiction.

If a Labour Inspector is unable to assist an employee with their concerns then they advise the employee of the agency which can help, such as the Employment Relations Authority.

MBIE also encourages anyone looking for advice on their employment situation to call its contact centre on 0800 20 90 20.

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19 comments

So Mr Bridges...

Posted on 11-07-2014 13:28 | By penguin

...what will you do to assist this guy as compensation for his assistance to you? As usual, probably nothing. Surely this is exploitation of a different kind, isn't it?


Labour exploitation

Posted on 11-07-2014 14:00 | By surfgirl_4573

Simon Bridges pull your head out of the sand. It's your own back yard. Not only are foreigners being forced to work illegally but kiwis are joining the WINZ queues while cheap foreign labour gets the jobs in this billion dollar industry.


35,000,000...

Posted on 11-07-2014 15:44 | By morepork

...people around the world are estimated to be slaves in 2014. (Many times the number when slavery was abolished in Britain in 1833.) Exploitation seems to be as rampant now as it ever has been and greedy, shameless, employers are getting away with it. This is not something we need or want in NZ and it should be stamped on heavily. "A fair day's pay for a fair day's work" is in line with the Kiwi ethic of "a fair go" and we should stand proudly behind it. Employers caught doing this should get sentences where they have to work where directed in minimum wage employment, with their assets frozen until they have done their time. Maybe a taste of their own medicine might change a few minds... We can't legislate against greed and corruption but we can make it socially unacceptable. Boycott businesses where this is happening!


@ surfgirl_4573

Posted on 11-07-2014 15:57 | By morepork

Are you saying that Kiwis won't tolerate it and go on the dole instead (because they can), but the migrant workers have no such option and have to take what they can get? If so, then that is shameful and needs urgent action. If we are going to offer seasonal work to people overseas, we are morally required to make sure it is work our own people would do for the same money. If we can't get enough of our own people, then it makes sense to try overseas, but that is not a license to treat people coming here to work, as slaves or second class citizens. Whether it is the sex industry or Kiwifruit or any other job employing migrant workers, NOBODY here should be doing what they do because of intimidation and fear, and because they have no other option. We need to stop this.


Abused Workers

Posted on 11-07-2014 16:05 | By socantor

Who are these seriously dud employers? We need to know so that Kiwi citizens can confront them.


Raids

Posted on 11-07-2014 16:18 | By Johnney

Why don't the authorities do raids on these orchard gangs and their employers. If they constantly do this is will soon sort out the cowboys and Indians so to speak. These workers deserve a fair go and not be exploited.


I agree surfgirl

Posted on 11-07-2014 18:34 | By Colleen Spiro

Winz is NOT referring NZ workers for these jobs, because they are being taken by immigrants....To qualify to work in jobs advertised, you need to stay in a back packers, one of several around the area. I hear the cry NZ workers don't want to work, you will get the odd ones who don't whom are on benefits, simple, cut their benefits and let the ones who want to work, do so...It used to be that pensioners would grade to make up their income, or solo parents would take up the opportunity to earn the little extra they were able to, to supplement their income. Charity begins at home.


Knowingly Profiting from Slavery

Posted on 11-07-2014 19:37 | By GeorgesL

This is the Government's dirt secret. Workers and activists around the country have been approaching the Government often in great danger to themselves with information on Kiwifruit orchards, asparagus farms, vinyards, and fishing fleets only to have the government take the information, say they will do something about it, then use the information against the workers who have complained to protect these "sensitive" industries.


Long time

Posted on 11-07-2014 19:44 | By mattbop

This has been happening in this industry for a long time. The comment in the article saying The leadership in the horticulture industry also takes the issue of worker exploitation very seriously, what a joke. Some biggest company's out there are just as dodgy as the contractors out in the orchards. People don't want to speak out because of the exact thing this guy is going thru.


GET IT SORTED

Posted on 11-07-2014 22:04 | By The Caveman

The bottom line is that overseas workers should not be permitted as long as there are unemployed NZërs in the same area. Oh we don't have transport they say, so how do the foreign CHEAP workers get to the orchards?' Get it sorted - if there are unemployed in the area that DON'T want to work OR do such a crap job CUT THEIR BENEFITS


Thank goodness

Posted on 11-07-2014 22:41 | By KittyKat

that there are people on this board prepared to speak out too - this worker and others like him that are whistle blowers should not be penalized. Bullyboy tactics being used to shut them up are not ok either - why are the people and organizations deploying these tactics not being named and shamed instead of having their names suppressed so that everyone knows who they are and what they are really like?


trapped

Posted on 12-07-2014 00:02 | By terabaap

u did a gr8 job dude.atleast u took a stand.this is not only your problem every student from overseas they have a same problem here.And government of new zealand is not taking serious for this kind of case.i respect the law rules and regulation of new zealand but dnt know y government is quit abt this.


Just returned from India

Posted on 12-07-2014 00:10 | By bob138

I met an indian guy in Tauranga working on an orchard, he'd been in NZ for a year and a kiwi had never said hi to him. He was gettin paid around $6 an hour. I was fortunate enough to go stay with his family in India recently and learned the amount of money, effort, and sacrifice it is to send a child to NZ in hoping they have a better life. For most people in Punjab, you're looking at around 15-20 years wages, just to simply get to NZ and go through the motions to get the ability to work; pretty horrid that in turn, us kiwis treat them like crap and allow them to be underpaid. We need to stand up for these people as they're doing the jobs a lot of us don't want to do, their familys have trusted us kiwis....


tuatua2

Posted on 12-07-2014 09:08 | By tuatua2

Im an orchard manager in te puke and can say without a doubt if it wasnt for the Indian workers the kiwifruit industry would be in big trouble. We are almost never able to get local workers as they dont want to do orchard work or are far to lazy to work at all. I have heard of this illegal employment practises many times and have tried to get help for these mistreted people but nothing seems to happen. Some, but definately not all of the Indian contractors are blatently ripping their workers off mainly out of their own personal greed and it is time these contractors are named and held accountable. This is not how New Zealanders treat people.


Simon Bridges

Posted on 13-07-2014 08:26 | By Simon Bridges MP

To check out what the Government is doing on these issues right now go to http://www.beehive.govt.nz/release/feedback-sought-minimum-employment-standards The discussion document outlines a series of actions we want to take to address worker exploitation. It's worth reading.


watch this! New Zealand!

Posted on 14-07-2014 23:38 | By yamatonadeshiko

I asked my contractor to pay me properly and lost job. I called to Labour Department, they just keep read same things as their website. Everybody knows this illegal things but nobody says it. Because if somebody says that, the person gonna lose job and visa. Hardeep is really brave man! He did well done! I wanna ask to New Zealand. Which do you want, Illegal contractor or honest brave man?


Shoot the messanger?

Posted on 15-07-2014 16:29 | By YOGI BEAR

Great stuff, often the typical result here, where these situation s all arise the officials head off and write lots of policy about what they "want" to do. Sadly nothing actually changes because that means rocking the boat, doing some work and research to get it over the line to charge the offenders, much much easier to just kick the moaner out and let it all carry on.


agree with yamatonadeshiko

Posted on 16-07-2014 09:17 | By lucky786

im agree with yamatonadeshiko, because its like "if u taking out that spoil or unhealthy apple from a basket that means you saving or clearing the other one'. so as i recommend you have to stop these type of contractors, because end of the day, if any foreigner come over here for work or holiday and they going to find out,( which they find out every time" that every where is illegal things going on, so they are not got going to just represent the specific contractor or employer, they going to represent like " i was been to NZ and they people are soo bad ". So i think its on us, How to control it?and hav to punish them,that nobody do it again and this is the time,and im glad that somebody take a step, gud wrk hardeep


Thank you Simon

Posted on 20-07-2014 20:03 | By theschizzle

Appreciate the reference to the discussion document. Can we get an assurance that MBIE will do something about it when it's reported though?


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