A Paeroa business has been fined more than $150,000 after migrant workers were forced to work up to 14 hours a day, seven days a week, without being paid their lawful entitlements.
Chetna Dave and her husband Hitesh Dave – the directors of Dev Trading Limited (DTL), trading as Super Clearance – recruited two Indian nationals under the Accredited Employer Work Visa (AEWV) scheme.
Dev Trading has since been sold and is under new management.
An investigation into the company revealed that the workers were subjected to unlawful employment practices, Immigration NZ said. It included being required to work extremely long hours – in some cases up to 14 hours a day, seven days a week, and on public holidays – without being paid their lawful entitlements or complying with holiday and leave provisions. One worker was unlawfully subjected to deductions disguised as loan repayments totalling over $6000.
“DTL went to considerable lengths to deceive authorities, submitting false records and documentation to INZ, including fabricated rosters and payslips and even completing employment modules on behalf of the workers. By doing so, the victims were denied the opportunity to learn about New Zealand law and their employment rights,” Immigration NZ said.
“After a lengthy and detailed investigation, MBIE Immigration Investigators were able to uncover the deception and hold the offenders accountable in court.”
In total, Super Clearance owed more than $158,000 of unpaid wages and entitlements, according to Labour Inspector calculations. Around $140,000 was paid to the victims before sentencing.
Chetna and Hitesh Dave pleaded guilty to five charges of exploitation of temporary workers for serious breaches of the Minimum Wage Act 1983, Holidays Act 2003, and Wages Protection Act 1983; and two charges of provision of false or misleading information to Immigration New Zealand during an investigation and in an application to renew employer accreditation.
The couple were ordered to pay a fine of $159,250, court-ordered reparation of $18,684.72, and emotional harm payments of $5000 to each victim.
Immigration NZ national manager investigations Jason Perry called the sentencing a “good outcome for Immigration New Zealand and, most importantly, for the victims”.
“The callous exploitation of vulnerable migrants and the deliberate provision of false information to INZ is not just unethical, it’s criminal,” he said.
“Employers who breach immigration and employment laws undermine the integrity of New Zealand’s immigration system and harm vulnerable workers.
“Maintaining the integrity of our immigration system is critical to protecting both migrants and the wider public.”
