“Flaws in recruitment: Migrant workers win case as employer breaches visa obligations”

The Employment Relations Authority (ERA) recently dealt with a case where three overseas workers claimed they were unjustifiably dismissed and disadvantaged after arriving in New Zealand under work visas.

They argued they never started their promised employment despite having valid visas that restricted them to work only for their sponsoring employer.

The case raised important questions about employer obligations under New Zealand's immigration and employment laws, the use of recruitment agents, and the consequences when promised employment fails to materialise.

This arrangement led to three workers being recruited from China through different agencies. Two learned about the opportunity during a family meal where they discussed employment difficulties in China. They contacted an agency advertising high overseas income. The third worker, who had construction experience, was introduced to another agency through a family connection…

After arriving in New Zealand, the workers discovered they couldn't contact their employer directly. Their work visas specifically limited them to working as carpentry assistants for the construction company in Auckland. Their only contact was through recruitment agents who became hostile when questioned about the employment…

One exchange through WeChat showed their deteriorating situation…