Government agencies accused of witch hunt against Northland transport company

Thursday, 9 May 2019

Northland transport company Stan Semenoff Logging has complained to five Cabinet ministers claiming it is the victim of a witch hunt by immigration and transport authorities.

The company is fighting NZ Transport Agency efforts to revoke its transport licence for safety breaches, and the future of its Filipino migrant drivers is in question over alleged breaches of labour laws.

Former immigration minister and immigration advisor Tuariki Delamere is acting for Stan Semenoff Logging (SSL), another associated company Tomarata Sand, and a group of about 40 Filipino drivers.

On their behalf he has written to Immigration Minister Iain Lees-Galloway and Immigration Associate Minister Kris Faafoi, Transport Minister Phil Twyford, Employment Minister Willie Jackson, and Northland MP Shane Jones.

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Delamere said it appeared there were elements within the transport agency and Immigration NZ intent on shutting down the operations of SSL, but neither agency had produced any evidence that justified 'what I would call a witch hunt.'

SSL is due back in the High Court later this month seeking to continue operating until a judicial review of its licence revocation is heard.

Immigration advisor Tuariki Delamere, who is acting for Stan Semenoff Logging and its migrant Filipino workers, is demanding an enquiry into handling of their visa applications by Immigration NZ.

Jones, who is also associate Transport Minister, was attacked by the National Party for discussing the case with the chief executive of the Transport Agency in March while it was before the courts, and his comments in Parliament about migrant drivers whistleblowing on employers' wrong doing.

Delamere said he became involved at the request of Nga Puhi kaumatua Rudy Taylor who was concerned the closure of SSL would affect several hundred Northlanders.

Delamere recently met with SSL's Filipino drivers and he said they were worried visa applications lodged months ago had not been approved.

'If I find SSL is committing offences and screwing their workers over, I won't be standing beside them, I'll be going after them, but right now I've seen no evidence whatsoever.'

Even if SSL had breached the rules, Delamere said he was confident the company would immediately take steps to correct them and 'the answer is not to take a sledge hammer and shut them down'.

The 80 page document sent to ministers details lengthy exchanges between the company and immigration officials over efforts to get visas for Filipino drivers, some of whom are already with the company while others are in Dubai awaiting permission to come here.

Last month Nga Puhi kaumatua Rudy Taylor wrote to Immigration Minister Iain Lees-Galloway asking him to use his powers to renew visas for all SSL's migrant drivers for a period of 12 months 'ensuring it doesn't close, averting crisis.' Lees-Galloway declined to intervene and said he was satisfied the company was correctly engaging with INZ to resolve any outstanding issues.

A letter from Immigration refers to 'systemic and serious' breaches of the Minimum Wage Act for failing to pay trainee drivers for all hours worked and multiple documents confirming deductions from employees' wages.

The Labour Inspectorate also asked the company about a complaint that it had deducted money for speeding fines and to pay an airfare home from the wages of a Filipino employee who had been dismissed.

In a written response to the inspectorate the company said the driver had agreed to the deductions.

It was the driver's second speeding fine, he had been warned numerous times for 'excessive speed', and the company told him he 'was a danger on our roads' and it 'could not in all good conscience allow him to continue working in this manner', or recommend him for a job with another New Zealand company.

SSL general manager Daron Turner said some drivers voluntarily spent more time with their training driver, despite being told not to work more than the 8 hours they were paid for, and this point had been reiterated.

Company policy was that it could only take money from any staff members wages with their express agreement and signed authority

A key point of contention is an email from an immigration officer to SSL's then immigration advisor agreeing to put visa applications on hold for four weeks to enable the advisor to find new jobs for visa applicants.

Delamere has laid a complaint about that with Immigration chief executive Greg Patchell over the officer's conduct.

He said he had also laid a formal complaint with the Immigration Advisers Authority about the advisor's actions in seeking to find new jobs for drivers with other trucking companies when she was still contracted to SSL.

Immigration said the 36 'live' visa applications for SSL were put on hold because of the need for further verification work, and the decision was not due to a request from an immigration consultant.

The Transport Agency declined to comment, but in announcing its intention to revoke SSL's transport licence, it said the move was based on long standing safety concerns that the company was 'either unwilling or unable to comply with'.