8.1.4 Serious breaches of employment standards One of the most significant human rights concerns identified was the recruitment of workers to non-existent jobs. Additionally, workers reported a similar situation where they were recruited to a job and started work, only to be dismissed soon after employment. A few workers reported this experience and believed their dismissal was done in bad faith as part of a ‘scam’, for example one worker said that a manager had been heard saying they were making $15,000 per new worker and believed their dismissal was to facilitate further recruitment and payment of a premium. A worker reported being told to resign otherwise he would get a bad reference and not be able to get other work in Aotearoa. While the Commission notes these workers do have the right to challenge their dismissal, there are many practical barriers to this happening. Workers described arriving in Aotearoa and being told that their work and/or the location of their work would be different from what was in their employment agreements and visa. Complying with these requests can cause a worker to breach their visa in relation to job type and location. One worker recruited to the construction industry reported being presented with an employment agreement from a different employer than named on his visa. They were then told that they could work as a rubbish collector in a different region for a government project. On arrival in the new location, they were told that this work was not occurring, but that there was some work available as a farm worker. A common complaint from workers was that they were underpaid. This could be in the form of not being paid the agreed rate in their employment agreement or not receiving the guaranteed hours, including workers being paid under the minimum wage (sometimes significantly). Workers reported these problems occurring with some accredited employers; however, breaches of minimum entitlements are particularly acute in informal employment. Problem: Workers participating in the AEWV scheme are at an increased risk of experiencing breaches of their minimum employment standards and/ or being subject to dubious loss of employment. Recommendations: • Government: Increase resourcing for investigations of complaints of exploitation and minimum standard breaches including labour inspectors. Promote and provide resourcing to proven community advocates and migrant unions to provide better access to justice for migrant workers. • Untie visas from a specific employer to reduce human rights risk. This will also likely reduce workers entering the informal economy and experiencing exploitation. • Community organisations: Be aware of government services and agency support. Form relationships with migrant worker unions and advocates to help facilitate legal support. 8.1.5 Modern slavery and human trafficking People have raised concerns about human trafficking facilitated by the AEWV scheme. In August 2023, Newshub reported a large group of workers not being provided with a job or income and living in unsanitary and crowded conditions.104 When asked if this report of migrant exploitation was human trafficking, the then Minister for Immigration, responded “Yes, almost certainly”, but denied that an increase in migrant worker exploitation complaints was related to the AEWV scheme.105 104 https://www.newshub.co.nz/home/new-zealand/2023/08/four-more-auckland-properties-under-investigation-for-allegedlyhousing-exploited-migrants.html 105 https://www.newshub.co.nz/home/new-zealand/2023/08/four-more-auckland-properties-under-investigation-for-allegedlyhousing-exploited-migrants.html 23