Published 31 August 2018
Exploitation of a temporary worker — provide false or misleading information — misleading Immigration New Zealand — sentencing — Minimum Wages Act 1983 — Holidays Act 2003. The two defendants along with their company were found guilty of exploiting temporary worker's and for providing false and misleading information to Immigration New Zealand. The defendants failed to pay their employees the amounts due to them regarding a minimum wage and holiday pay. The charges of providing false and misleading information to Immigration New Zealand related to the defendants' supplying individual employment agreements for persons coming to New Zealand from the Philippines to work as chefs in their restaurant. Aggravating factors included the victims working very long hours, they were underpaid and at times some were not paid at all, there was the abuse of trust, and a high level of premeditation involved in that it was deliberate and repetitive offending over a sustained period of time, exploiting vulnerable people to circumvent New Zealand’s labour laws and for their own financial gain. The court noted that "their working and living conditions ... were not far removed from a modern day form of slavery". The first defendant was sentenced to two years and two months' imprisonment and ordered to pay a total of $7200 in reparation. The second defendant was sentenced to eight months' home detention and ordered to pay $7200 in reparation. Judgment Date: 8 February 2018
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