'Embarassed and ashamed to be a New Zealander': a New Zealand nurse shares her shame about the treatment of Filipino nurses in this country.

'Filipino women are the world's servants and New Zealand has jumped on that band wagon. I feel embarrassed and ashamed to be a New Zealander when I see Filipino nurses, who are new to our country, being treated so badly."

These are the words of a New Zealand nurse who has worked alongside Filipino nurses in the private aged-care sector. She wants anonymity because she does not want these nurses, who are already vulnerable, to be placed at any greater risk of exploitation or in any greater fear.

This experienced nurse outlines a catalogue of exploitation at the hands of an immigration agent and an aged-care employer. The nurses are reluctant to speak out, for fear they will lose their jobs, or be forced to move to another aged-care facility in another part of the country, or face further financial exploitation by the agent. "These nurses feel very trapped. They have signed a three-year contract with the employer. The contract was arranged by the agent. On the surface it seems Like a good arrangement--these women want to come and work and live in New Zealand and the aged-care sector needs nurses. But some employers are not very scrupulous and I also have real concerns about the agent involved. These nurses are not familiar with New Zealand employment law and employers' rights and responsibilities. They are afraid to make a fuss and complain, for fear of the consequences."

Kai Taiki Nursing New Zealand has sighted a copy of an agreement for "offer of skilled employment and consultancy fee payables" some of the nurses signed. It recorded NZ$278.14 fortnighly payments into the agent's bank account for a year, starting a fortnight after their first pay. The agent also holds their passports and Filipino nursing documentation.

The contract with the employer is for a permanent, full-time position at an hourly rate of $17,and three weeks' annual leave. There are no penal rates and their pay is less than other nurses at the same workplace. The agreement states the nurses can be employed in any of the company's sites around the country.

"These nurses' spouses and families have now come to New Zealand and have work here and are making friends. That's another reason the nurses are fearful--they don't want to have to shift to another part of the country."

Employer's divide and conquer strategy

The nurses are rostered on shifts that are difficult to fill--weekends and nights. They are not allowed to meet together in the workplace. "The employer has a divide and conquer strategy and is adept at getting them on their own. But we have had meetings at our place and the nurses are very supportive of each other."

The Filipino nurses were "very astute, very intelligent and very popular with all the rest of the staff. They are very good workers, considering English is their second language and we have a different nursing culture. They are keen to work in New Zealand and want to live here."

The New Zealand nurse contacted the Immigration Service on behalf of the nurses. The service advised hiring an immigration Lawyer. "They can't afford that," she said.

NZNO organisers believe those Filipino nurses who contact NZNO are just the tip of the iceberg. They think there are probably many more being exploited. The organisers have compiled a list of of questionable practices by two particular agents. These include charging nurses up to $15,000 for their services and charging employers a "finders fee" of up to $5000; bonding nurses to employers for at least three years, by an attachment to either a collective or individual employment agreement; and securing, under duress, additional payments out of nurses' pay packets.

NZNO met Health Minister Annette King and tom her of the abuse of Filipino nurses. But in a letter to organiser Laura Thomas, the Minister said she had been advised by the Ministry of Health "that these are individual employer administration issues" and the Ministry "is unable to provide any assistance". The Minister said that individual employment and migration issues should be dealt with at the nurse/employer level". Thomas said she was disappointed at the Minister's response, as it disregarded the fear the nurses were experiencing. Dealing with the issues at a "nurse/employer level" was difficult because of that fear and because of the intimidatory rote of the agents, Thomas said.

While some of the nurses were employed under collective agreements, those on individual agreements were particularly vulnerable, she said. NZNO has developed an advice sheet for overseas nurses because of the exploitative employment and immigration practices some Filipino nurses have experienced.

RELATED ARTICLE: Department of Labour has anecdotal of 'unscrupulous agents'.

The Department of Labour says there is anecdotal evidence which suggests there may be "unscrupulous immigration advisers" acting on behalf of Filipino nurses. Responding to a series of questions from Kai Tiaki Nursing New Zealand, the Department's workforce deputy secretary workforce, Mary Anne Thompson, said legislation, due to be introduced this year, would help deal with this issue.

A Bill to regulate immigration advisers is due to be introduced to Parliament this month. It requires immigration advisers to be licensed and imposes fines of up to $100,000 or seven years' imprisonment. Immigration Minister Paul Swain said the legislation sent a strong message "that the government will not tolerate the smart number of crooks who prey on vulnerable people wanting to Live in New Zealand". It is estimated at Least 1000 advisers may be affected.

The industry is currently unregulated. Thompson said if nurses' documentation and passports were being kept without nurses' permission, it could be considered theft and the nurses would need to contact the police. "They are also welcome to contact the department for advice if they have concerns about the way their application has been handled or if their passports have been held by agents. The department takes all complaints seriously and will carry out an investigation if warranted. All information is treated in the strictest confidence," she said.

All successful visa applicants from The Philippines received a department pamphlet which outlined their employment rights in New Zealand. That information was also available on the Ministry of Foreign Affairs' Manila website. The Ministry processes the applications on behalf of the department. "The Ministry is also exploring the possibility of working with the Philippines Nursing Council to address the issue of exploitation. The Department has also been talking to the Nursing Council here and has been in touch with the education providers offering competence assessment courses, to highlight the issue," Thompson said.