Three temporary workers from the Solomon Islands who claim that their weekly pay was sometimes reduced to nothing due to unauthorized deductions are currently awaiting a verdict from the Court of Appeal regarding their legal challenge. They initiated a lawsuit against their employer, Pick Hawkes Bay, in 2020, alleging that the deductions made for wet weather gear and travel expenses were unlawful. Additionally, they dispute the accuracy of their recorded work hours.
The most recent court hearing for these workers took place last week in Napier, where it was decided that the case would be heard by a full Court comprising three judges, alongside the involvement of the Human Rights Commission, the Council of Trade Unions, and Horticulture New Zealand as intervenors.
During the court proceedings, the Human Rights Commission’s representative, Philippa Mitskevitch, emphasized the vulnerability of migrant workers, citing the power dynamics and language barriers that often hinder their ability to challenge unfair employment practices. Mitskevitch argued that the rights of these marginalized groups should be safeguarded to ensure their well-being.
Beryl Razak, a Whanau Ora Facilitator from the Pacific Island Community Trust Bay of Plenty, who provides support to the workers involved in the case – Lyn Soapi, Danny Lau, and Mary Lau – mentioned that they are currently refraining from making any statements but remain optimistic about the outcome. Razak expressed hope that a favorable ruling would not only benefit the three individuals but also establish a precedent for other Pacific RSE workers facing similar challenges.
