Three men working unlawfully on Auckland construction sites are owed $20,000 in wages and holiday pay by their employer.
The men did not follow their visa conditions, but they were still entitled to protection under the law, the Employment Relations Authority ruled.
Zhang Shanxiang, Jin Jianming and Zhang Ruijun worked on construction sites in Auckland during late 2019 and early 2020.
Jin had a work visa, but it only allowed him to work for one particular company. Zhang Shanxiang held a visitor visa and Zhang Ruijun was on a tourist visa, neither of which allowed them to do paid work in New Zealand.
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The three men said they were employed by Liang Tang, who arranged work on various construction sites and paid them in cash.
They said they were owed thousands of dollars for work they did for Liang but were not paid for, along with holiday pay, and were not given a written employment agreement.
The work was arranged on an “under the table basis”, said Employment Relations Authority member Robin Arthur in a judgment dated November 21.
There was no paperwork such as payment records, tax deductions or written employment agreements.
How the Employment Relations Authority works. (Video first published in June 2021)
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