“Napier construction company and director to pay $96,000 for breaches involving migrant workers”

Napier developer Malcolm Herbert and his construction company MAH Enterprises face penalties totalling $96,000 after an investigation found 42 breaches of employment law involving migrant workers.

A labour inspector from the Ministry of Business, Innovation and Employment began an investigation two years ago after an employee of MAH Enterprises alleged he had not been paid for annual holidays he thought he was entitled to.

The inspector’s report concluded that MAH had failed to keep wage, time, holiday and leave records. It said 13 employees did not receive annual leave entitlements and for another worker, MAH was using an individual employment agreement that did not comply with the law…

She said it was an aggravating factor that MAH had employed migrant workers with visas tied to their employment “who were entitled to be treated with respect in the New Zealand workforce”.

Because of the record-keeping breaches, the inspector was unable to assess whether minimum wage had been paid for each hour worked…

…[Kennedy-Martin] ordered that MAH pay a penalty of $64,000, and that Herbert pay $32,000.

Half the money would be split between the 14 affected employees.