Boss fined for exploiting migrants

Dual Indian-Kiwi citizen fined, sentenced to home detention and community work

Abusiness owner who forced a worker to cook and clean his house has been convicted of exploiting migrant workers on student visas. Davinder Singh, an Indian national who also holds New Zealand citizenship, has been sentenced to nine months’ home detention, 200 hours of community service and ordered to pay $150,000 in compensation for exploiting 12 Indian nationals.

Singh was convicted of 25 charges of exploitation under the Immigration Act for paying them less than the minimum wage, forcing them to work long hours, refusing to give them time off and not issuing pay slips.

He was also convicted of 13 separate charges of encouraging workers to breach conditions of their temporary visas, a charge of providing false or misleading information to an immigration officer and seven charges of obtaining by deception.

At the time his company Kishan Singh & Sons Ltd owned Pizza Hut franchises in Gore, Richmond, Blenheim and Nelson. He also operated two food stores trading as Ekam Food Marts in Nelson and Blenheim.

The Nelson District Court heard Singh encouraged the students to work more than the 20 hours a week allowed on their visas but failed to pay them for more than 20 hours.

Many of the migrants on work visas were only ever paid for 40 hours work a week, despite regularly working between 45 and 60 hours.

One employee was forced to work seven days a week without sick leave, holiday pay, overtime or days in lieu for public holidays worked.

Another living in Singh’s home was made to cook and clean for Singh and his family. One was owed almost $65,000 in outstanding pay.

“You seem to have rewritten history, and persuaded yourself that you are the victim, and your parents are victims, you were an accidental offender,” Judge Tony Zohrab said.

“I do not accept that for one minute.

Community work . . . might give you some insight as to what unpaid labour is actually like.

Judge Tony Zohrab

I appreciate a sentence of home detention, coupled with community work, will be difficult for you — but it might give you some insight as to what unpaid labour is actually like.”

The sentencing came after a long period of investigative work by Immigration New Zealand and the Labour Inspectorate.

“The systematic and protracted pattern of migrant exploitation by this defendant is abhorrent,” said Immigration NZ assistant general manager Peter Devoy.

“We recognise that migrants are a particularly vulnerable section of the workforce because they are less likely to be aware of their rights and entitlements than New Zealand workers. They can also be reluctant to come forward, particularly where they are in breach of their visa conditions,” Devoy said.

“This sentence of home detention and community work coupled with the $150,000 in victim reparation should send a strong signal that we will take action against employers who exploit migrants.”

Singh has been living in New Zealand for 13 years.