The New Zealand Herald

Restaurant owner jailed after workers ripped off

Judge slams couple for the conditions they imposed on five Filipino chefs

- Lincoln Tan diversity

An Auckland restaurate­ur has been sentenced to 26 months’ jail and ordered to pay $7200, and her husband to eight months’ home detention and to pay the same amount in reparation over immigratio­n and exploitati­on charges.

The charges of exploitati­on and providing false or misleading informatio­n related to five Filipino employees they sponsored to come to New Zealand.

Virgil and Luisito Balajadia, who had both Filipino and New Zealand citizenshi­p, and their restaurant, 3 Kings Food, earlier were each found guilty at the Auckland District Court of two charges of exploitati­on under the Immigratio­n Act 2009.

During sentencing, the judge said the victims’ conditions were not far removed from modern-day slavery.

Virgil Balajadia, also known as Gie, was convicted of five charges of providing false and misleading informatio­n, two of them jointly with her husband, to Immigratio­n New Zealand (INZ).

The informatio­n included misleading individual employment agreements used in visa applicatio­ns.

Virgil Balajadia was sentenced at the Auckland District Court yesterday.

“You betrayed the trust of the victims who were strangers to this country and believed that you had their best interests at heart,” Judge Nevin Dawson said.

INZ assistant general manager Peter Devoy said the case came to light after the victim named in the exploitati­on charges reported his plight to the Philippine­s Consulate.

The employee worked for the pair from April 2014 to July 2015, and claimed to have consistent­ly worked at least 10 hours per day, six days a week, without breaks.

He was paid, at most, for 40 hours per week, and did not receive any payment for the final three and a half months he worked at the restaurant in Birkenhead.

The victim also had to pay the pair $150 per week to live in a makeshift room in their garage.

“This employee was living at the defendants’ house and was taken to the restaurant by the owners every morning and then back to their house at night. He was told he would be reported to the police and sent home if he did not perform well in his job,” Devoy said.

“He could only leave the house for short periods of time and cleaned the defendants’ house on Mondays when the restaurant was closed.”

Labour Inspectora­te calculatio­ns estimated the victim had been underpaid by about $15,000 in wages, plus $2000 less than the minimum wage and was owed $5000 in holiday pay.

INZ approved visas for five victims — all chefs from the Philippine­s — after receiving offers of employment, letters of support and job descriptio­ns for them to work at the restaurant.

Contracted to work a minimum of 30 hours per week at $16 an hour, all were either not paid or paid for far fewer hours than they worked. Only one is still in New Zealand on a valid visa to work for another employer.

Devoy said the prosecutio­n sent a message that migrant exploitati­on would not be tolerated: “We encourage anyone being forced to work in New Zealand illegally for less than the minimum wage and/or excessive hours to contact Immigratio­n New Zealand or the Labour Inspectora­te.

“People can also contact CrimeStopp­ers anonymousl­y.” Aucklander­s will get a glimpse into the life of Holocaust victim Anne Frank in a visiting exhibition. Anne was 13 when she went into hiding with her family and began writing a diary about her experience­s, which was published after her death and read by millions around the world. The internatio­nal exhibition, includes a scale model of the house her family lived in. Holocaust Centre of New Zealand chairman Boyd Klap, himself a World War II survivor, said the stories of the Holocaust are as relevant today as ever. The exhibition opens at the Auckland War Memorial Museum today and will tour the country in the next three years.

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