New Zealand among Union to argue courier drivers are employees detained rescuers

WELLINGTON: A New Zealander is among 22 people facing 15 years in prison for rescuing Libyans who found themselves in distress as they attempted to cross the Mediterranean Sea to illegally enter Europe.

New Zealand resident Kathrin Schmidt left the country three years ago to work with humanitarian nongovernmental agencies in Syria and the Mediterranean Sea but has now found herself among a group being investigated by the Italian authorities.

Ms Schmidt, the head of mission on the rescue ship Iuventa, said she was among 10 crew members being investigated by an Italian prosecutor in Trapani over her role in rescues off the Libyan coast.

Hundreds of thousands of Libyans have attempted to cross the Mediterranean since power became dispersed between different militias and two rival governments following the fall of Muammar Gaddafi in 2011.

Ms Schmidt said if it was a crime to save lives then she would remain ‘‘on the right side of the dock’’.

‘‘If we have to answer in court for having saved these people, Europe has reached political and moral rock bottom.’’

Iuventa, run by the organisation Jugend Rettet, was seized by authorities a year ago following an investigation.

They allege the crew was favouring immigration to Italy while conducting the rescue operations.

However, in a statement, crew members rejected the allegations.

Iuventa started rescues in July 2016 and crew members said the ship had since helped more than 14,000 migrants in distress under the eye of the Rome Maritime Rescue Coordination Centre while complying with international and maritime law.

But the crew said they had been unaware Iuventa had been at the centre of an extensive surveillance operation during which police bugged the ship’s bridge and crew members’ mobile devices.

The first they knew of it was when the ship was seized on August 2 last year.

The crew claims the migrant death toll had risen dramatically as three other NGO rescue ships remained frozen in the Maltese port of Valletta and two aircraft were denied permission to launch. — NZME WELLINGTON: First Union is taking legal action on behalf of courier drivers, and will argue they are essentially employees rather than independent contractors.

The union has begun proceedings in the Employment Court to determine the employment status of courier drivers.

Most drivers are on independent contracts, which means they have to pay for their own vehicles, scanners and uniforms.

They are also not entitled to sick leave or annual leave.

Many have told RNZ recently that after tax and expenses they make less than minimum wage.

First Union secretary for transport logistics and manufacturing Jared Abbott said many drivers had contacted the union recently.

‘‘We have begun proceedings to file to the Employment Court to determine the employment status of a bunch of courier drivers and we believe with the new precedents being set that we’ll be successful in being able to get that determination.’’

Employment Court former chief judge Graeme Colgan told RNZ last week that it would be ‘‘worthwhile’’ for courier drivers to take a case to court, and said a union might be able to help with legal action.

Courier drivers said while they were on independent contracts, they were not allowed to work for any other courier company.

New Zealand Post confirmed this was its policy.

First Union will argue the drivers are employees, not contractors.

Mr Abbott said courier drivers made up a small portion of drivers in the same situation, and Mainfreight truck drivers were also on independent contracts.

‘‘We’re very confident we can win it, but the reality is even if we can’t win the case we don’t believe what is happening should continue.

‘‘But what we’re going to do now is a little bit different, where we’re actually going to try and overturn that case law that was set in TNT Cunningham and show that these people may actually well be employees.’’

The Cunningham v TNT 1992 case is one in which a courier driver took TNT Express Worldwide to court because he believed he was unjustifiably dismissed, but TNT argued he was not an employee.

The Court of Appeal overturned an Employment Court ruling, and sided with TNT.

Mr Colgan said the legal process would be slow and fiercely defended by the courier companies, and would likely go all the way to the Supreme Court.

Employers and Manufacturers Association chief executive Kim Campbell said courier drivers freely entered into an independent contractors arrangement.

‘‘They made a choice to run their own business. If they don’t like it they should sell it, get out and do something else.’’ — RNZ