Immigrant sacked on first day after adviser's mistake

Immigration adviser Filipinas Rodriguez will have to wait to find out her penalty after breaching...
Immigration adviser Filipinas Rodriguez will have to wait to find out her penalty after breaching standards. PHOTO: SUPPLIED
A Dunedin immigration adviser is in trouble after her gaffe resulted in a worker flying from the Philippines only to be sacked on his first day.

Filipinas Rodriguez, a director of Dunedin Business Management Solutions and South Immigration Matters Ltd, was found to have breached the Immigration Advisers Licensing Act following a recent hearing.

The judgement from the Immigrations Advisers and Disciplinary Complaints Tribunal showed Rodriguez was contacted in April 2016 to help find a welder from overseas.

However, she was left red-faced when the man she recruited from Manila turned out to be a fabricator - a distinction of which she was unaware.

"I have no doubt that Ms Rodriguez simply did not appreciate the difference, which is really between fabrication by welding and fabrication without welding,'' tribunal chairman David Plunkett said.

"While Ms Rodriguez was not dishonest, it is clear she did not exercise due care.

"It was her obligation as a professional adviser to understand the difference between a fabricator and a welder.''

The adviser received an email from the Auckland firm in a bid to help fill their vacancy.

The company said it was looking to recruit "welding operators with experience in aluminium fabrication''.

A month later, after visiting the employer, Rodriguez went to Manila to interview prospective candidates.

At the beginning of August, she contacted the engineering firm, putting Mr B - whose name is suppressed - forward.

The employer stressed they needed someone with aluminium welding experience.

Mr B was becoming uneasy about the role at the same time.

He told Rodriguez he was an aluminium fabricator and "really not a welder''.

She responded: "It's OK. The title of welder (general) in NZ is equivalent to metal fabricator. You know, if your job description from overseas is not good enough, you will be declined.''

Mr B was granted a visa in October and arrived for his first day of work on January 17.

It did not go well.

"His employment was terminated later that same day after it was found he did not have the required welding skills,'' the tribunal heard.

Rodriguez immediately apologised and took full responsibility for the blunder.

She offered to fly the man home and refund his fees, as well as repay the Philippines' agency nearly $US2000 ($NZ3000).

"I felt so bad,'' Rodriguez told the Otago Daily Times.

"It was a genuine mistake.''

She said it was the first time anything like it had happened to her.

Mr Plunkett accepted Rodriguez's actions were not underhanded but she failed in her role.

"Her conduct is better explained by confusion on her part, rather than by deception,'' he said.

"A professional adviser, lacking knowledge and experience of the engineering industry, would have better informed herself, particularly given the employer's emphasis on the need for quite specific welding experience.''

The tribunal will now consider the penalty to impose, which could range from simple censure to compensation or cancellation of licence.

rob.kidd@odt.co.nz

 

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