A Pasifika employment law advocate with more than 30 years experience says Pasifika workers need support to make sure they’re aware of their rights.
Employment advocate Galuvao Paul Pa’u says Pasifika people tend not to stand up to authority or stand up to other Pasifika people in authority when dealing with employment matters.
His comments come after a recent Employment Relations Authority (ERA) decision in favour of two former employees of the Pacific Island Business Development Trust (PIBDT), which runs the Pacific Business Trust (PBT).
John Faitala and Vahanoa Vea lodged a personal grievance for unjustifiable dismissal from the PBT in June 2023. Faitala was the former General Manager of Programme Services and Clients while Vea was the Corporate Services Manager.
The ERA decision awarded Faitala one month’s salary as reimbursement for lost wages, $1000 compensation for lost benefits and $25,000 in compensation for humiliation and the like.
Vea was awarded two months’ salary as reimbursement of lost wages, $1000 as compensation for lost benefits and $25,000 in compensation for humiliation and the like.
In a written statement from Faitala and Vea to TP+ the pair shared that it has been a gruelling 12 months.
“There were so many times when we were not sure if we could go on. The stress was incredible and it was awful re-living in our minds the way we were treated from late May until our employment was abruptly terminated in June.
“It impacted our health and affected our self esteem. But we were so grateful to have our Christian Faith and our families and huge support network of friends.
“Finally our names have been cleared. Because we were pushed out so quickly, a lot of people thought we had done something wrong. We have been living under that cloud for 12 months. We thank God the ERA has declared we were made redundant, and the redundancy was unjustified and unlawful. Now the rebuilding of our lives can start.”
During the ERA process PBT CEO Mary Los’e expressed regret on behalf of the Trust for the hurt Faitala and Vea experienced.
Faitala and Vea thanked Galuvao for taking on their case pro bono.
Galuvao said a colleague had reached out to ask if he would be able to take the case which he described as a brutal process.
“I have found in these and other cases where many of our people who are mistreated by Pasifika employers simply walk away because they find standing up to them incredibly distressing.
“Further, because of the significant power imbalance they do not have the means or the financial ability to fight back or engage representatives to assist and support them.”
Galuvao says for employers who are dealing with workplace issues there are options.
“… one of the issues this case has illustrated is that there should be a one stop shop available for our Pasifika people who are going through these very difficult and distressing and confusing times.
“Many of them will not have the funds to engage a lawyer or even an employment advocate although there will be a number of advocates out there especially the no win no fee type advocate who are prepared at least to have a look and try and assist our people.
“Moving forward I think what is important is that there is an organisation that is set up that provides employment advice, support and representation for our people who are not members of unions and who do not have the means to engage our counsel themselves,” Galuvao says.
He also notes that more people are becoming aware of the law around employment issues and their rights.
The advocate who also provides educational programmes around employment rights had this advice for employers.
“I hope they will read this and understand that there is significant protection under the law for employees in any situation including a restructure or a redundancy process. There are many other situations on a day-to-day basis including disciplinary, illness at work, performance issues and others.
“The law has advanced over many years in New Zealand to the point where there are very clear guidelines available about the rights of employees and the responsibilities of employers. Employers are in the driving seat,” says Galuvao
TP+ has reached out to the Pacific Business Trust for comment.
