Solomon Islands RSE Program staff awaits verdict in ongoing trial

(Archive photo)
photo: RNZI/Johnny Blaze

Three seasonal workers from the Solomon Islands who say their weekly wages are sometimes reduced to zero due to deductions are awaiting the Court of Appeal’s decision on their case.

They claimed the deductions were illegal and launched legal action against their employer, Pick Hawkes Bay, in 2020.

Their most recent hearing was held in Napier last week.

The workers claimed that their employer had made unauthorized deductions from their wages for raincoats and transportation expenses. They also disputed their working hours.

The RSE workers were employed at Pick Hawke’s Bay during the 2018-2019 season, and in the years before and after.

The company’s lawyer, Jol Bates, told RNZ Pacific it denied exploiting any seasonal workers and that the deductions were legal and reasonable.

The Chief Judge of the Employment Tribunal decided that the case would be heard by a full court (three judges), with the Human Rights Commission, the Council of Trade Unions and Horticultural New Zealand also participating.

Philippa Mitskevitch, a lawyer for the Human Rights Commission, told the court there was a power imbalance and migrant workers were a particularly vulnerable group.

She noted that international human rights law considers migrant workers, many of whom are low-income, to be a particularly vulnerable group.

“Migrant workers’ vulnerability often stems from their employer’s control or significant influence over their visa status. Additionally, many migrant workers are hampered by language barriers when trying to access legal support, leaving them unaware of their rights.”

“This power imbalance makes it very difficult for workers to object to unreasonable employment conditions or challenge deductions from the minimum wage.”

Mickevicz believes that the rights of vulnerable groups such as migrant workers should be prioritized and their protection ensured.

Beryl Razak, Whanau Ora co-ordinator for the Pacific Islands Community Trust Bay of Plenty, provides pastoral care to Lyn Soapi, Danny Lau and Mary Lau; they said they did not want to comment at this time but were hopeful.

Razak said the three are currently in good condition and full of hope.

“If they win this case, it will set an example for all our RSE workers in the Pacific. We can only hope, and I guess we’ll wait until the verdict comes out.”