Employer withheld pay and entitlements and sought unlawful premiums from migrant workers
A horticulture employer in New Zealand has been ordered to pay more than $250,000 in penalties for the exploitation of four migrant workers.
The Employment Relations Authority (ERA) ordered Indo Kiwi Horticulture Limited to pay $176,000 in penalties, as well as its former director Boota Singh Dhillon to pay a further $88,000, in a ruling earlier this month.
The ERA issued the order after it found that the horticulture employer gained an unfair advantage over its competitors by withholding the wages and holiday pay of the vulnerable migrant workers.
A probe by the Labour Inspectorate also found that three of the four Indian nationals had paid unlawful premiums totalling more than $65,000, with some payments made to bank accounts linked to the family of Dhillon in India.
ERA member Jeremy Lynch, in his ruling, highlighted the vulnerable position of the migrant workers in the case.
"The complainants were all Indian nationals who had come to New Zealand in search of employment opportunities. There was an inherent power imbalance in the employer/employee relationship, which was amplified by the fact the complainants were relying on the support of their employer in respect of their immigration status," Lynch said.
"Throughout the course of their employment, the complainants were on employer-specific work visas, to work only for Indo Kiwi. In the circumstances...
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