Worker complaints tip of iceberg: union leader

Wangnaui City PHOTO/FILE

Wanganui employees have made 14 complaints in the past three years under legislation designed to protect workers from being ripped off by their bosses.

A trade union leader believes far more breaches go unreported.

Ministry of Business, Innovation and Employment data showed Wanganui workers made four complaints under the Wages Protection Act and 10 under the Minimum Wage Act between July 2012 and February this year.

The figures were released to the Wanganui Chronicle under the Official Information Act.

The Wages Protection Act sets out the way wages must be paid, and prevents unlawful deductions from wages.

Wage deductions are only legal in a few circumstances, including if an employee has agreed to or requested the deduction in writing, This can be varied or withdrawn at any time - even if the original consent was included in an employment agreement.

The Minimum Wage Act outlines strict requirements for minimum pay. It can also be broken if deductions mean employees end up with less than the hourly minimum for hours worked.

In Wanganui, as nationwide, most complaints were made by workers in the accommodation and food services, and agriculture, forestry and fishery industries.

Wanganui employment lawyer John Unsworth considered the numbers small. "In the grand scheme of things, that's not many complaints for over two-and-a-half years.

"I think, by and large, employers understand that they're required to pay the minimum wage ...

"The wages protection issue is probably a bit greyer. Some employers may think they're able to deduct wages in certain situations but, again, I don't think that's many employers."

Mr Unsworth believed most employees wouldn't allow employers to get away with breaching the laws. "I think most employees would go to Citizens Advice Bureau or Community Law.

"Migrant workers that don't have a permit obviously wouldn't but, generally, I think employees know their basic rights."

Nationwide 1910 complaints were made to the ministry under the Minimum Wage Act between July 2012 and February this year.

A further 733 complaints were made under the Wages Protection Act during the same period.

Council of Trade Union president Helen Kelly said the complaints would only be "the tip of the iceberg" of the number of law breaches.

"That's only the people who can actually get through and complain and feel confident in doing that," she said.

"These are the worst forms of exploitation in New Zealand as the minimum code, which employees rely on, is being broken."

Ms Kelly wasn't surprised the accommodation and food services industry had the most complaints. "It's the vulnerable workers - migrants and students - that suffer the most ..."