Employers make empty promises
Along with feeling undervalued, Pacific workers who
are self-employed contractors shared experiences of
empty promises made by the principal or partnering
contractors. A Pacific worker from the arts sector
shared being promised a bonus that they never
received:
I think the worst experience was being promised
remuneration that was slightly lower than my
previous job on the basis that a substantial bonus
would be paid every quarter, which would have
worked out higher overall. Then three months
later when everyone got paid their bonus and
I didn’t, I complained to the person who hired
me and [who was] told to tell me that contracts
signed that month I joined and going forward
were ineligible for the bonus programme. I had
to stay in the role at that point with little options
available at the time, but two years later when I
was leaving, they offered putting me on the bonus
scheme to get me to stay. I didn’t. 10 years later,
they still approach me asking if I will go back, but
the trust is gone and the leadership is all white
while it’s the POC [people of colour] getting the
work done. (S723)
The same worker told us about an empty promise
made by their other contracting party:
There was the time I was made supervisor with
the promise of $25 an hour, and the assessment
that I needed to sit kept getting pushed back
every fortnight for a year until they finally realised
I was going to hand the keys back if I didn’t get the
assessment and the higher pay. (S723)
In the agriculture sector, a group of male Pacific
workers shared stories of operating as independent
contractors and continuously experiencing empty
promises by principals or partnering subcontractors.
In one instance, one of the independent contractors
shared his experience of tendering for a forestry
contract with a fellow subcontractor from a large
client:
There is one more thing that I remember – like
the signing of contracts. I’m talking about the
forestry in the work I do. When you sign the
contract in forestry, the contract puts it that you
receive an equal 50 percent share. What this
means is that the amount you receive from the
60
company [client] for a job, one contractor receives
50 percent and I receive 50 percent as the other
contractor. However, you get tired of trying to get
the contractor to be honest with you on the 50
percent share that he is giving you. They conceal
the amount from you. So how do I know whether
he is being honest about the amount and the
50 percent share given to me? There are men
here who we work together with in forestry that
already know that this is what contractors do in
forestry. I tell these men that the right thing to do
is for the contractor to bring to them the amount
that the company is paying them. At times when
I try and address this with the contractor, they
always tell me that they are unable to because of
the law. Is there a law that prevents the working
man from knowing the amount he should be paid
when working? (T005)
Self-employed contractors lack protections
The issues discussed by Pacific workers hired as
contractors are concerning. Contractors do not have
access to the government institutions available to
employees in situations where workers believe that
they are not getting what they are entitled to by
law. Unlike contractors, employees have the option
of seeking mediation or contacting the Labour
Inspectorate through MBIE. Employees may take
a personal grievance against their employer if it is
within 90 days of the problem arising. If mediation is
unsuccessful, employees may raise their employment
issue with the Employment Relations Authority.
In contrast, a contractor does not have access to
these avenues to raise a complaint. If a contractor
believes there has been a breach to their contract,
they may pursue this claim through the Disputes
Tribunal or the District Court, depending on the
monetary value of the claim. The District Court
process is more formal in nature and designed
with the assumption the claimant will have legal
representation, which is likely unaffordable to Pacific
workers who are hired as self-employed contractors
but whose wages are the equivalent or close to the
minimum wage. In comparison, the Employment
Relations Authority where employees can raise
claims is designed so that lay people can represent
themselves.