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$4.75/Hr: Migrant Worker Alleges Wage Exploitation In NZ

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A 21-year-old Bangladeshi migrant worker in New Zealand has alleged he was severely underpaid while working at his uncle’s kebab shop, leading to a legal dispute now before the Employment Relations Authority (ERA), Stuff has reported.

Hasib Shihab claims he was paid just $4.75 an hour, working up to 72-hour weeks at Grand Central Fry in Taupō. He also alleges that his employer, Toufihur Islam, charged him a $28,000 ‘premium’ for his visa and deducted repayments from his already meagre wages. However, Islam has rejected all accusations, calling them fabrications aimed at securing a new visa.

Shihab has filed an ERA claim seeking almost $70,000 in unpaid wages, holiday entitlements, and a refund of the visa premium. According to his statement, he was contracted to earn $30 an hour, but in reality, he received only $342 per week. He alleges he then had to return $100 weekly to Islam as a repayment for the premium fee.

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Islam, in his defence, has denied these claims and provided witness statements supporting his stance. His legal representatives have also sent a cease-and-desist letter to Shihab and his advocate, warning against discussing the case with the media.

Shihab, who had previously worked as a hotel chef in Bangladesh, said his father had arranged the job in New Zealand, expecting fair pay and legal working conditions. Instead, he alleges he worked from 8:30 am to 9:30 pm, sometimes seven days a week, before being made redundant without notice in June 2024 after raising concerns about his low wages.

In response, Islam has asserted that Shihab worked only his contracted 30 hours per week and has accused him of fabricating allegations to extend his stay in New Zealand. Statements from Islam’s wife, two sisters-in-law, father-in-law, and another employee dispute Shihab’s claims, suggesting he had exaggerated his working hours.

Immigration New Zealand (INZ) granted Shihab a Migrant Exploitation Protection Visa (MEPV) in July 2024, allowing him to remain in the country while his claim is being processed. He later received a Limited Purpose Visa, extending his stay until July 2025 to allow time for his case to be heard. INZ stated that it could not comment further, as revealing additional details could compromise its investigation.

The business in question, Bent Curve Ltd, had its Accredited Employer Work Visa (AEWV) accreditation expire in August 2024 and has not re-applied.

Shihab’s ERA claim includes demands for $58,118 in unpaid wages, $7,020 in unpaid annual leave, $3,960 in unpaid public holiday entitlements, a $28,000 refund for the premium, as well as costs and penalties against both Bent Curve Ltd and Islam for alleged employment law breaches.

Islam, who did not return multiple calls from Stuff, responded via text, urging caution against publishing unverified allegations. He stated that the claims remain under review by the ERA and have not been proven, adding that drawing conclusions before an official ruling could be misleading.

His representative, Mike Harrison, reiterated Islam’s stance, stating that the allegations are denied and that they would not be engaging with the media while the case is under investigation.

For now, Shihab has moved to Auckland and is working for the Salvation Army. He has expressed his hope to stay in New Zealand and study if given the opportunity. His visa remains valid for five more months, though an extension is likely until a final decision is reached on his case.

 

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