More News from the Cook Islands. Foreign worker alleging breach of contract is facing deportation Sat 18 Jan A foreign worker who alleges her contract was violated repeatedly by her employer is slated to be deported Monday. Realyn Hervera, a native of the Philippines, began working for Highland Paradise Cultural Centre in late October after securing a contract outlining her duties as an account administrator and paying her own airfares to Rarotonga – where she joined her husband who has been here for two years and works in the hospitality industry. After her second day on the job, Hervera said she was docked $1 from her hourly wage by her boss – Highland Paradise Director Tutu Pirangi – who told her she didn’t know how to answer the phone properly. Hervera said as a newcomer to the Cooks, she was only beginning to become familiar with the local accent, and was also taking calls in Maori. This, she said, is beside the point, as her job description had made no mention of having to answer phones. “It was mainly about accounting duties,” she said. Prior to coming to the Cook Islands, Hervera said she had worked in the banking industry in the Philippines, as well as a general accountant in Singapore. For those roles, she said she was required to speak English. Over the following weeks, Hervera said she was asked to clean toilets, mop floors, perform garden work, and provide care for her Pirangi’s mother. When contacted by CINews, Pirangi would not comment on the allegations. On December 30, the situation came to a climax when Hervera said she was experiencing car troubles that caused her to be late for work. She said it was her first time being late, and her duties for the day were to clean Pirangi’s home. Speaking on the phone, Hervera said Pirangi told her she was going to call immigration and have her sent back to the Philippines. Hervera said the situation ended with her asking to be released from her contract so she could find another employer, but Pirangi was intent on sending her back and booked a flight to have her sent home. That flight is scheduled to leave Rarotonga on Monday. In the first week of January, with the assistance of Ura Tangaroa - who describes herself as an advocate for the Filipino community - Hervera began to take action to prevent herself from being deported. Together, they contacted officials at the Ministry of Foreign Affairs and Immigration and the Ministry of Internal Affairs. After an appointment with government officials responsible for labour issues, Tangaroa said it was confirmed that Hervera’s contract had been breached on multiple occasions. Additional meetings were held with Cook Islands Worker’s Association president Anthony Turua, who she said agreed that her contractual rights had been violated. In the meantime, Hervera said attempts to contact Pirangi and resolve the issue were unsuccessful after receiving no answer to text messages, emails, and phone calls placed to her land and mobile numbers. On the advice of Turua, she contacted legal assistance through local lawyer Mark Short. This week, Hervera, along with Tangaroa and Short, met with immigration officials on several occasions to discuss her situation. During a meeting held yesterday, Hervera said she was told Pirangi had refused to provide her with a release letter, and that she would have to go home next Monday with no definitive date on when she could return to Rarotonga. In an email sent to acting director of Foreign Affairs and Immigration Vasie Poila, lawyer Short said Hervera has found a reputable local employer willing to give her a job, however Pirangi is unwilling to release her as a sponsor. “There have been serious breaches on the part of Highland Paradise where they haven’t honoured their own contract obligations to my client,” wrote Short. “They made her perform duties outside of the work she was employed to do like looking after Tutu’s mother and paid her $8.00 per hour instead of the $9.00 as noted on her contract.” “If immigration is not going to allow Realyn (Hervera) to come back, we will be forced to take drastic action, which will not preclude seeking an inquiry which is the last thing immigration would be wanting.” “... we ask immigration to grant an extension for a minimum period so that we can review this case with the view to addressing any employment disputes under contract or to seek mediation and/or arbitration as a way of going forward,” wrote Short. “I do not think that immigration will allow itself to be used to get rid of an immigrant worker who has legitimate concerns and is entitled to legal representation to review any breaches of their employment contract.” Over the phone yesterday, Short said all he and his client want are for Highland Paradise to have her released. “As a lawyer, my main concern is that we can’t treat immigrant workers like this,” he said. “There are many good employers, but there are some workers that not only exploit their workers, but also take advantage of them.” When contacted yesterday, Pirangi said her former employee “... walked off the job and asked to be sent off”. “I haven’t done anything wrong, she said. “I’m just doing what I’m supposed to do.” “All I’m doing is sending her back to where she came from.” When asked if she would be willing to formally release Hervera, she said “I can’t do that, I’ve already paid everything.” Tangaroa said the experience has taken a toll on Hervera. “She felt like she wasn’t worth anything,” she said. “She just wanted another employer, to clear her name, and to show that she can do the job.” “I didn’t want this issue to escalate,” added Hervera. Efforts to obtain comment from Foreign Affairs were unsuccessful.
Posted on: Thu, 30 Jan 2014 18:23:53 +0000