Employment Disputes - foreign workers in PNG
Last activity 16 April 2013 by dsvisper
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Can anyone help point me in the right direction regarding the employment rights of foreign workers working in PNG. The company I worked for is currently working in PNG although it is a NZ Company, I was recruited in NZ to work offshore. Terminated without notice, repatriated back to NZ and it appears that my former employer is under the impression that he is untouchable as he is in PNG - hasn't paid me any wages or expenses etc. Is there a mediation service available in PNG to deal with these kinds of disputes or does anyone know of a trusted and respected firm of solicitors that would deal with a case such as this? Any help would be most appreciated.
Hi there. Have you been able to get any information? I'm also in a situation. I have 3 salaries outstanding and they simply refuse to pay. I google but can't find anything that can help.
Hiring of workers are protected under the International Labor Organization. There should be an Gov't agency in work country implementing/monitoring it. They are the one who go after the principal (those in PNG, in your case) and to the agency (who recruited you to work in PNG/Principal.
Not sure how you will go.
CCH publishes the PNG Labour Act and they have the following commentary :
"Moreover, it seems that the Employment Act does not apply to non-citizens (Atlas Plant Hire Pty. Ltd. v Beck (1984)"
"...It seems that persons exempted from the provisions of the Act would have to rely on their common law rights (if any).
It appears as if you would have to hire a lawyer to sue which may be a very expensive exercise.
I think I know which company you are talking about. I know of 2 other employees who were treated exactly the same.
Perhaps contact the NZ Consul? It's not right that a NZ company can operate in PNG like that.
Hi, thanks for your comments. I have emailed the IOL PNG office to see what help (if any) they can provide,waiting for them to respond. I am seeking legal advice in New Zealand. If it is the company that you are thinking of and you know of two others, it might be worth the three of us getting together and see if we can make this company sit up and take responsibility for its actions and therefore the consequences. I can be reached on michelle_daveuk@yahoo.co.uk.
Is the company involved in construction? Are they involved in building something for the hospitality industry?
If so we are talking about the same company.
No, they are involved in driver assessing/training - seems like there is more than one charlatan NZ company trading in PNG!
Still in the process of getting sorted. The ex boss thinks that because he ignores emails and requests for information that it will all go away. Managed to get in touch with a mediator who covers PNG and she was going to see what she could do - however I will not hold my breath. The PNG solicitor that we contacted was only interested in his fees! Very frustrating.
FYI,
PNG did not signed in the ILO (International Labour Organization) there's no such thing here (hahaha) I don't know if you notice they don't even have "Labor Day" holiday..why not coordinate with you respective government agencies..I have a Filipino batch mate before, he filed a case against his employer but eventually dismissed by the court ruling in the Philippines, as you know when money talks everyone will listen hehehe..