Key Takeaways
- A Paeroa business, Dev Trading Limited (DTL), has been fined over $150,000 for exploiting migrant workers.
- The workers were forced to work up to 14 hours a day, seven days a week, without being paid their lawful entitlements.
- The company’s directors, Chetna and Hitesh Dave, pleaded guilty to charges of exploitation and provision of false information to Immigration New Zealand.
- The victims were paid around $140,000 in unpaid wages and entitlements before sentencing.
- The couple was ordered to pay a fine, court-ordered reparation, and emotional harm payments to the victims.
Introduction to the Case
A Paeroa business, Dev Trading Limited (DTL), trading as Super Clearance, has been fined more than $150,000 after migrant workers were forced to work extreme hours without being paid their lawful entitlements. The company’s directors, Chetna Dave and her husband Hitesh Dave, recruited two Indian nationals under the Accredited Employer Work Visa (AEWV) scheme. However, an investigation into the company revealed that the workers were subjected to unlawful employment practices, including being required to work 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.
Unlawful Employment Practices
The investigation found that the workers were subjected to extremely long working hours, with one worker being unlawfully subjected to deductions disguised as loan repayments totalling over $6000. The company also submitted false records and documentation to Immigration New Zealand, including fabricated rosters and payslips, and even completed employment modules on behalf of the workers. This deception denied the victims the opportunity to learn about New Zealand law and their employment rights. The company’s actions were a clear breach of the Minimum Wage Act 1983, Holidays Act 2003, and Wages Protection Act 1983.
Investigation and Sentencing
After a lengthy and detailed investigation, Immigration New Zealand (INZ) investigators were able to uncover the deception and hold the offenders accountable in court. The Labour Inspector calculations found that Super Clearance owed more than $158,000 of unpaid wages and entitlements. Around $140,000 was paid to the victims before sentencing. Chetna and Hitesh Dave pleaded guilty to five charges of exploitation of temporary workers and two charges of provision of false or misleading information to Immigration New Zealand. The couple was ordered to pay a fine of $159,250, court-ordered reparation of $18,684.72, and emotional harm payments of $5000 to each victim.
Conclusion and Reaction
Immigration NZ national manager investigations Jason Perry called the sentencing a "good outcome for Immigration New Zealand and, most importantly, for the victims". He stated that the callous exploitation of vulnerable migrants and the deliberate provision of false information to INZ is not just unethical, it’s criminal. Employers who breach immigration and employment laws undermine the integrity of New Zealand’s immigration system and harm vulnerable workers. Maintaining the integrity of the immigration system is critical to protecting both migrants and the wider public. The case serves as a reminder of the importance of protecting the rights of migrant workers and holding employers accountable for their actions.
Impact on the Community
The case has significant implications for the community, particularly for migrant workers who may be vulnerable to exploitation. It highlights the need for robust safeguards to protect the rights of migrant workers and ensure that employers comply with immigration and employment laws. The sentencing of Chetna and Hitesh Dave serves as a deterrent to other employers who may be tempted to exploit migrant workers. The case also underscores the importance of Immigration New Zealand’s role in investigating and prosecuting cases of exploitation, and the need for continued vigilance in protecting the rights of migrant workers.
Future Measures
To prevent similar cases of exploitation in the future, it is essential to implement robust measures to protect the rights of migrant workers. This includes ensuring that employers comply with immigration and employment laws, providing education and training to migrant workers about their rights, and increasing the resources available to Immigration New Zealand to investigate and prosecute cases of exploitation. By taking these measures, New Zealand can protect the rights of migrant workers and maintain the integrity of its immigration system. The case of Dev Trading Limited serves as a reminder of the importance of protecting the rights of migrant workers and holding employers accountable for their actions.
