Migrant bus drivers say they are “fearful” they could lose their working visas for defending themselves against assaults and are scared to report violence from passengers.

But bus operator Kinetic New Zealand’s chief operating officer Stephen McKeefry said it does not support any suggestion that speaking up about safety concerns would impact someone’s employment.

It comes after a Tauranga bus driver, who was driving a Bayhopper bus, had his arm fractured by a passenger during an assault and is now scared he could lose his job.

Meanwhile, a Filipino overseas worker advocate and union representatives say migrant drivers are being let down by the companies that recruited them to come to New Zealand.

Tauranga bus driver ‘spat at’ and ‘kicked’

The Tauranga bus driver was assaulted by a passenger after a confrontation while driving his regular route in Mount Maunganui on May 13.

A male passenger, believed to be around 18-20 years old, assaulted the driver, who was left with a fractured arm.

The bus driver told police, in a written statement that the Herald on Sunday has viewed a copy of, that the man hopped on the bus without paying and began swearing and screaming at the driver.

“Just keep going, move the bus you f***ing driver,” the passenger allegedly said.

The passenger told the driver someone was chasing him, and the driver asked him to get off the bus.

After stopping the bus, the driver saw the passenger pick something up from the front of the bus, the statement reads.

The driver asked him what he had taken from the bus and the passenger then “spat at” him and started repeatedly kicking him in the leg and torso.

“I defended myself with my arms,” the driver said.

“While defending myself he kicked me multiple times in both arms.”

A police spokesperson said about 7.30pm officers in Mount Maunganui received a call that “a man had boarded a bus, refused to pay, and assaulted the driver”.

“Police are making inquiries to identify the male,” the spokesperson said.

“All of this is subject to an ongoing investigation, so we are unable to release the CCTV footage at this stage.”

McKeefry, meanwhile, said it was “a sad fact” that assaults had increased significantly in recent times.

“We can’t speak to the specifics of an individual case, but we can categorically state that no one is treated differently based on their visa status, we’re a proudly diverse workforce.”

Fears for repercussions of self-defence

The bus driver said after the assault he was scared he was going to lose his job and be sent home to the Philippines.

“Especially the Filipino here … we are scared of fighting with the passenger because we don’t want to cancel the visa.

“My family is already here, so how can I go back to the Philippines? I don’t have enough money for the plane ticket.”

The driver said his cash box had been stolen twice by passengers, and he had been subjected to swearing, verbal abuse, threats and intimidation from passengers.

He said bus drivers knew they were unable to defend themselves when they were assaulted by passengers: “All the drivers know that.”

First Union organiser Hayley Courtney told the Herald on Sunday there were “mixed messages” coming from bus companies about how to respond to aggression.

“Effectively they are told, in some depots and in some companies, if you leave your seat you’ll find yourself in disciplinary,” Courtney said.

It could mean a lot of assaults were going unreported because drivers were “scared” and unsure if they were in the wrong, she said.

McKeefry said all drivers received professional training to help them manage difficult situations and minimise conflict.

These techniques were focused on protecting their safety and that of the people on board, he said.

“We do not support any suggestion that speaking up about safety concerns would impact someone’s employment,” McKeefry said.

“We always encourage drivers to report any incidents of abuse or assault so they can be addressed appropriately.”

Lani Larsen, an advocate for overseas Filipino workers in New Zealand, says migrant bus drivers should be supported by their employers.

Good Heart NZPH Foundation Charitable Trust executive assistant Lani Larsen, who provides community support to overseas Filipino workers, said it was “traumatising” for drivers if after assaults they were being investigated by their employers.

“When you do that [fight back] it’s an instinct for people, not even just drivers, to defend themselves,” Larsen said.

“In situations between life and death you really have to defend yourself.”

In November last year, an Auckland bus driver was hospitalised with fractured ribs and eye damage after being attacked during a shift. It came after a spate of assaults including a driver being beaten, an alleged racially charged assault, a neck-slashing and a wrench attack.

Treatment of migrant drivers

In 2023, hundreds of migrant drivers from the Philippines, India and Fiji were recruited to help fill a shortage of bus drivers across New Zealand.

Courtney said migrant workers were “very fearful” because they were on working visas and had moved to New Zealand for a better life.

“They’re totally fearful for two reasons: they’re scared they’re going to keep getting assaulted, abused and stabbed, and they’re scared they’re going to lose their jobs if they report it.”

Larsen said migrant drivers were in a vulnerable position and often did not have the confidence to question their employer.

Tramways Union president Gary Froggatt said there was evidence of Filipino drivers being told by bus companies that if they joined the union they “would be sent home”.

“A lot of them are frightened to actually join the union,” he said.

Courtney said she had also heard of people being told their work visas would be under threat if they joined a union.

McKeefry said Kinetic NZ fully supported the rights of all employees to join a union.

“In fact almost 40% of our team are union members,” he said.

Courtney said protective screens being installed on all buses and stronger on-bus security needed to be prioritised by companies.

When approached for comment, Auckland Transport said it supported Kinetic NZ’s statement.

NZ Transport Agency Waka Kotahi (NZTA) said it had not received any reports of these allegations.

“We would encourage anyone with concerns or evidence of such behaviour to report it to NZTA and police for investigation,” an NZTA spokesperson said.