RECAP: Working in New Zealand: Rights, Responsibilities, and Where to Get Help

Banyuhay Aotearoa recently hosted an online information session with guest speakers from Ministry of Business, Innovation, and Employment. The session aimed to empower migrants with knowledge of their rights at work, as well as the processes and support available when facing issues in the workplace.

Key Topics Discussed:

1. Leave Entitlements

   • New Zealand employees, including migrants, are entitled to public holidays, annual leave, sick leave, bereavement leave, and parental leave.

   • Additional provisions include family violence leave and other special leave that may be outlined in individual employment agreements.

2. Employment Relationship Problems

   • Common workplace issues include disputes over pay, hours, or treatment.

   • The best approach is to raise concerns early and in writing, and to know your rights under your employment agreement.

   • Support services such as the Citizens Advice Bureau, Community Law Centres, and MBIE’s Early Resolution Service are available.

3. Migrant Worker Exploitation

   • Exploitation can be economic, physical, emotional, or social, such as withholding pay, confiscating passports, or forcing unsafe working conditions.

   • Migrants are reminded never to pay for jobs, hand over personal documents, or accept false promises of residency.

   • Those affected may apply for a Migrant Exploitation Protection Work Visa to leave exploitative situations while remaining lawful in NZ.

4. Resolving Employment Issues

   • Steps include talking directly to the employer, seeking mediation, or raising a personal grievance (within 90 days).

   • If unresolved, matters can escalate to the Employment Relations Authority or Employment Court.

5. Practical Q&A

   • Topics raised included sick leave certificates, full-time vs. part-time work definitions, redundancy, the 90-day trial period, salary reviews, workplace bullying, and contract flexibility.

   • Speakers clarified that while many issues are contractual, New Zealand law requires fair process and actions taken in good faith.

Key Takeaway

The session emphasised that migrants have the same minimum employment rights as any other worker in New Zealand. Free, confidential help is available, and workers should never feel alone or powerless when facing exploitation or unfair treatment.

Next Steps

• Participants were encouraged to contact the local offices of the following organisations for further support:

  • Community Law Centre: Our Law Centres - Community Law

  • Citizens Advice Bureau (CAB) office: Citizens Advice Bureau

  • MP’s office- Find your Member of Parliament (MP) | New Zealand Government

    • MPs and their staff are exempt under the Immigration Advisers Licensing Act 2007 from needing an Immigration adviser license, meaning they can give immigration advice as part of their official duties.)

• Banyuhay Aotearoa plans to host further workshops on other important topics such as tenancy rights. If you have any topic in mind, please let us know so we can coordinate too.

Disclaimer:

The information shared in this session and in this summary is provided for general guidance only. Employment laws and policies in New Zealand may change over time, and entitlements can vary depending on individual circumstances.

For the most up-to-date advice, please refer to official government sources or seek professional legal guidance.