Yesterday I went to a very disturbing Public Meeting organised by UNEMIG, Union Network of Migrants. Its a brilliant organisation operating as a joint venture between First Union and Unite Union. The story I heard was an absolute Nightmare. I heard details of incredible exploitation taking place in the immigrant community in NZ. These people are bona fide NZ residents being exploited by unscrupulous employers. This exploitation not only rips off these workers but creates a Death Spiral of Worker wage rates and conditions across the board for all workers. Two people addressed the meeting as to what they were confronted with when approaching their employers and one had her family threatened in her home country after raising the alarm. The Police are investigating this but I wouldnt hold my breath on that. Whilst waiting for the meeting to commence the two whistleblowers were served with defamation papers from the courts for literally complaining and seeking, I think, $60,000 compensation??????? This was and is Pure intimidation. One of the advocates talked about taking these issues to the employment courts and these unscrupulous employers get pathetically small fines making it well worth the risk to be dishonest. The Laws are in place to protect these workers but our Sniveling Government of John Key doesnt enforce these laws or penalties. It is literally a conspiracy to reduce wages. The only M.P. to attend was Denise Roache of the Greens. This is a horror story and the defamation claim is effectively an attack on every New Zealander irrespective of their country of origin. This isnt just an issue for Immigrants it is an issue for all of us. All the worker rights we have today were won by Trade Unionism never loose sight of that fact. I will keep you all informed how this case unfolds. FACT SHEET: Summary of workers’ wage/holiday pay claims against MOMO Tea City Limited 1. Four migrant workers of a Chinese restaurant contacted FIRST Union’s Union Network of Migrants (UNEMIG) seeking representation and assistance concerning their employment issues with MOMO Tea City Limited. The restaurant is a subsidiary company of the MOMO Tea restaurant chain, which operates three restaurants across Auckland. The following statement is made on behalf of these workers. 2. All workers were owed outstanding wages and holiday pay ($101,725.00) by MOMO Tea City Limited upon termination of their employment. The company has not taken any steps to address this issue so far. 3. All the workers concerned are New Zealand permanent residents and there are two other workers who were holding work visas at the time of the termination of their employment. They were all legally entitled to work in New Zealand. The union is instructed that there are other workers with similar issues who are too scared to step forward due to concerns for their temporary immigration status. 4. All the workers had been working for the restaurant for various durations, ranging from 9 months to four years. During their employment with MOMO Tea city limited, the employer breached a number of the following basic worker’s rights: Failure to provide employment agreements Failure to pay sick leave Failure to pay time in lieu in respect of working on public holidays Failure to pay wages on time Failure to pay for overtime worked Failure to provide holiday pay Reducing work hours without consultation or justified reason Failure to pay at least two workers the minimum wage during trial periods Failure to declare PAYE accurately Unfair bargaining and demanding that workers forego their minimum entitlements Threatening behavior 5. In February 2014, one employee resigned from her position after her work hours were reduced without consultation. She approached the employer to ask for her holiday pay and overtime pay. She also subsequently lodged a formal complaint with the Ministry of Business, Innovation and Employment (MBIE). 6. After the employer became aware of the above mentioned complaint, the company started to reduce the hours of all current workers without any explanation being offered. It also announced that all workers were going to receive an employment agreement after 1 April 2014. 7. The company then informed its full-time workers that if they wanted to stay on in a full-time capacity they had to forego their minimum entitlements: namely annual leave, public holiday pay, sick leave and overtime pay. During a conversation with one of the workers, the employer said that the company was not prepared to pay 2 holiday pay and overtime for all staff. The employer also said that if the workers insisted on being paid the company would take its lawyer’s advice of putting the business into liquidation. 8. On 15 April 2013, several concerned workers contacted the MBIE to lodge formal complaints against the company. 9. On 16 April 2014, as advised by the MBIE, the workers presented the company with a written request regarding their employment issues over minimum entitlements and notified the company about their complaints made to the MBIE. 10. On 17 April 2014, all current and former workers were advised via a phone message that they could apply in writing for holiday pay and leave pay. 11. On 20 April 2014, they were told that their entitlements were to be paid in two installments commencing from the next pay run. 12. On 29 April 2014, just two days before a regular pay day one of the company directors, Ms Yue Chen, came to the premises with a liquidator. They asked all the workers to leave the restaurant immediately and told them the company had been put into liquidation. 13. There was no meeting or any form of consultation regarding the termination of these workers’ employment and they had no way to contact the employer regarding their outstanding wages and holiday pay. The following day, the restaurant continued trading by transferring other workers from the Howick and Albany sites to the city restaurant. 14. According to the liquidator’s report dated 5 May 2014 the company’s only secured creditor is Mr Chunming Chen who was a former shareholder of the business up to 21 March 2014. Mr Chunming Chen has a close relationship with one of the company directors, Ms Chen, and has been living in the same residential address. 15. The workers were seriously concerned that the liquidation was designed to avoid paying the outstanding wages and holiday pay. The business was able to operate the day after the claimed liquidation and seemed not interested in maximizing the potential sale price for the business. 16. The workers have been publicizing this employment issue through social media and have received overwhelming support from the local Chinese community. The company has been exposed to condemnation and criticism. 17. On 9 May 2015 one of the workers received two threatening messages sent from China. Someone in China has obtained this employee’s personal information including his parents’ names, social security number and family address. The worker is seriously concerned that his personal information may have been obtained through illegal and corrupt channels. 18. The incident has been reported to the New Zealand police and is being investigated. A request will be made to Chinese government officials that assistance be given to the New Zealand Police in this matter. 19. FIRST Union is in the process of organising a National Campaign against such employers who have treated its workers unfairly and unlawfully. DENNIS MAGA – Union Network of Migrants (UNEMIG) Coordinator – 021 971 070 GRACE LIU – FIRST Union Legal Organiser – 027 687 5394 Michael Treen Occu Pie Edward Miller Joe Carolan
Posted on: Sun, 29 Jun 2014 04:37:50 +0000
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