Introduction

There is a very close relationship between employment and immigration law in New Zealand. Employers wishing to employ migrant workers must ensure that a prospective employee is able to work lawfully in New Zealand in the role that has been offered to them.

The employer must also ensure that the terms and conditions offered to their migrant employee(s) adhere to New Zealand’s employment laws. For example, the terms and conditions set out in the Employment Agreement offered to a migrant worker must comply with New Zealand’s employment laws.

The earthquakes which have affected the Canterbury region have resulted in a significant number of employers in this region having to recruit overseas workers in order to fill their vacancies. For some employers, who have recruited overseas before, this has not created too many difficulties. However, this has been challenging to those employers who have never had to recruit overseas workers before, or those who wish to recruit substantial numbers of new workers from offshore.

The recruitment of migrant workers, as well as the large number of migrant workers recruited, has given rise to a range of issues in the Canterbury region, either employment or immigration-based. These issues are with respect to employers, who have never employed migrant workers before, not understanding New Zealand’s immigration laws and Instructions.

These issues that have arisen are also relevant to practitioners and employers located elsewhere in New Zealand. Therefore, this webinar is designed to provide practical advice and guidance to both employers and practitioners regarding the main employment and immigration issues which have arisen in the Canterbury region. Hopefully, this will enable people to understand how to deal with those issues should they arise or, preferably, to be able to initiate steps to avoid them arising in the first instance.

Content outline

• Recruitment of overseas workers
• Ensuring workers may begin lawfully working for the employer
• When can a prospective employee begin working?
• Interim visas
• Essential skills work visas
• Essential skills in demand list
• Establishing the employment relationship
• The Employment Agreement
• Wages
• Statutory 90 day trial period
• Bonding arrangements
• The employment relationship
• Good faith
• Retention
• Health and safety
• The end of employment relationship