New Zealand union goes to court over Chinese working conditions

A New Zealand union is going to court to determine whether Chinese workers who were allegedly exploited while working for the state-owned railway are covered by the country's employment law.

The Rail and Maritime Transport Union (RMTU) said Tuesday it would challenge an official finding that Chinese engineers working to remove asbestos from KiwiRail locomotives were classed as China- based workers.

The RMTU had filed proceedings for a hearing in the Employment Court to clarify the status of the Chinese engineers and whether KiwiRail had breached a collective employment agreement in its treatment of them, RMTU general secretary Wayne Butson said in a statement.

The Labour Inspectorate of the Ministry of Business, Innovation and Employment in April released the result of an investigation into allegations around the workers, saying it had identified no welfare issues nor found evidence of breaches of employment law.

However, the workers and their employers, Yongji and Dalian Loco, had declined to provide wage records on the basis of privacy, so inspectors could not determine if the workers were paid the minimum wage.

"Workplace Relations Minister Michael Woodhouse said that this legal question is 'something that one can test in the courts' and the RMTU is taking him up on that offer. We will not let this injustice remain unresolved," said Butson.

Labour Inspectorate general manager George Mason said in April that the investigation had found no evidence to support allegations the workers had lived in cramped conditions or allegations suggesting they had limited access to food.

The main opposition Labour Party said the findings were a cover- up and demanded KiwiRail immediately stop further Chinese engineers from working in New Zealand until they could guarantee they were paid the New Zealand minimum wage. Endi