Posts Tagged ‘nzia’

90 day rules and existing workers

September 24, 2014

Interesting story today in The Press:

Christchurch rebuild manager unfairly sacked
A piling manager recruited from England and sacked in his first 90 days has won nearly $40,000 from his Christchurch employer.
source

Basically the employee started work in January 2014 but didn’t sign his employment contract until February 2014.

Hickey ruled the 90-day clause was invalid because the Employment Contracts Act said such provisions could not be imposed on existing employees. Hall and Smith Crane had not signed the individual employment contract before Hall began his job. By the time he signed the contract, he was an existing employee.

90 day clauses cannot be applied to existing employees – including those who have completed a free trial – and this sets an interesting precedent of what is an ‘existing employee’.

Of course this situation should never have occurred:

  1. It is illegal for an employer to start you in the job without a signed contract.
  2. To get a work visa to work for a specific employer (like an essential skills work visa) the migrant has to prove Immigration New Zealand (INZ) with a signed employment contract, it’s a mandatory requirement and the INZ have to be satisfied that the employer meets all New Zealand employment and immigration laws. .

Mind you, I had a migrant come in to see me the other day for advice who already had a work visa but hadn’t signed his contract yet – the immigration case officer processing his visa application hadn’t noticed. Government plans to automate the granting of work visas soon through online applications, I wonder if that will improve quality control.

There are a couple of things to take out of this article:

  1. The Employment Relations Authority – www.era.govt.nz
    This organisation is there for you (even if you are on a work visa) to protect your employment rights.
  2. Employment law
    Migrants coming in to NZ to work for a specific employer need to understand the employment laws here, for example:
    – the 90-day trial period and what is means;
    – Unpaid trial periods are illegal and risk your visa application;
    – You must have an employment agreement from day one;
    – This must have clauses which protect you (such as holidays);
    – You must have a minimum of 30 paid hours pw guaranteed.

The immigration and employment laws around this area are in place protect you and are there for a reason ;o).

Mike Bell
Migrant advocate | Licensed Immigration Adviser

Final Chapter of the Vermaak Family’s story

July 6, 2014

Back in July 2012 I wrote about the Vermaak family’s plight in facing deportation.

Since that first story there has been a huge amount of silent work behind the scenes, but now it’s time for an update as a final decision has been made on their fight to stay in NZ. This update includes a brief recap of the situation.

Facing deportation

March 2012 – Work Visa Declined
Cherie had been working for the Christchurch City Council for 4 years in a skilled occupation but ran into trouble when she needed a new Police Certificate to arrive from South Africa.

With her work visa due to expire she needed this certificate to put in an application to renew her visa. Unfortunately South African certificates can take several months to arrive and the immigration department (INZ) refused to wait for this.

The decision by INZ meant that Cherie found herself in a very difficult situation very quickly. Without a valid visa she lost her job and only source of income despite backing from her Council boss. Being unlawful in New Zealand she and her two children were subject to deportation. Zelda who was 16 year old at the time was also no longer had the right to go to school.

May 2012 – First Media Story
This is where Tammy and I became aware of the situation and decided to get involved. The family was now without a source of income and, as temporary visa holders were not entitled to any kind of benefit or financial assistance. Imagine having no way get or earn money, no way to ix your situation.

In an incredibly short space of time they were in a desperate situation, being forced to sell their possessions to buy food and facing eviction from their home. When we first met the family they did not know which way to turn – running out of possessions to sell and in real danger or being thrown out onto the streets.

Thankfully the media attention generated a wave of support for the family which held off their eviction for a short time. The New Zealand public were fantastic!

I went to work to help where I could. First jobs were talking to the Ministry of Education to get Zelda back into school and asking the immigration department to hold off deportation action to give the family a little more time.

June 2012 – Facing Eviction
The amazing support generated by the New Zealand public helped for a short while but soon ran out and the family found themselves facing eviction with no money and no way to get any.

A tight Squeeze

A tight Squeeze

We couldn’t allow them to become homeless so Tammy and I opened our own home to the family of three and their cats Fluffy and Peebles.

It was a tight squeeze with our family (which included four cats), but they stayed with us for four months until they were able to get back on their feet.

October 2013 – Ministerial Intervention
Cherie had a job offer but INZ were unwilling to grant a visa so Mike took the case to Hon Kate Wilkinson, then Associate Immigration Minister. The first great break-through for Cherie and her children came when the Minister agree to Mike’s request and overturned INZ’s decision, granting Cherie a visa to work.

This involved about 500 hours of pro-bono work for the family, but put them in a position where once again Cherie could work her way out of this terrible situation. Cherie and her children have had a harrowing two years and just needed that chance. Once Cherie was able to start work she became eligible for residence again and we worked with her to lodge an application.

The Final Update
It has not been plain sailing – there have been serious ups and downs for the family – but we are thrilled to report that this week Cherie, Kyle and Zelda were granted New Zealand Residence. This means they no longer need to fear deportation and can finally have hope and security for the future.

Cherie and Mike

Cherie’s Request
Cherie has asked us to update all of the people whose support and generosity made such a difference to this family during such a difficult time.

Cherie, Kyle and Zelda wanted to thank the hundreds of people both locally and from around the world who were there for them in so many different ways. The family is now looking forward making long term plans for their new life in Christchurch New Zealand.

Tammy and I are catching up with Cherie next week for a celebratory curry :o).

I am really delighted with this result. Sometimes bad things happen to good people and this is why migrant advocates are so badly needed – to give a helping hand at the right time.

Mike Bell
Migrant advocate | Licensed Immigration Adviser


News stories

This story has been followed through the media, here are a number of the news stories written.

 

 

CTV News interview

May 29, 2014

Interview with CanterburyTV news today about immigration, the rebuild and what the effects of cutting work visas might be. 



We’re right in the heart of Christchurch providing advice to rebuild employers and workers every day. Immigration has become a key issue, but mostly because people are being scared by misused statistics and partial information often confusing permanent and temporary migration.

Work visas holders are here only because we need them and cannot find NZ workers to do jobs that need skills and years of experience – apprenticeships are vital for local youth, but unemployment for men here is down to 2% and to rebuild we need mostly experienced experts overseeing a smaller number of trainees.

Training in many areas has really taken off because of the overseas experts helping our local tradespeople in giving those with an aptitude tuition and oversight. You can’t train an electrician, plumber or stonemason overnight, but because of the work visa holders many young New Zealanders are beginning careers now that will help this country into the future long after those visas have expired.

Mike Bell

Migrant advocate, Licensed Immigration Adviser