Proposed changes to immigration and labour legislation

Plans to amend the Immigration Act to make it a specific offence to exploit migrants on temporary work visas plus potential changes to improve enforcement of minimum standards, mean employers really need to start familiarising themselves with labour laws, quickly.

Independent HR expert Jason Ennor says many business owners may just be ignorant of labour laws or have been able to get away with loose practices for a long time.

The proposed government measures include making it easier for breaches to be reported and tougher enforcement measures. The potential penalties include jail time, deportation and $100,000 fines. This is on top of the $20,000 fines that already exist for failing to have adequate employment documentation for all employees.

The law changes are likely to be introduced by August giving businesses a small window to get things right.

"One of the issues for business owners is they may not have very good knowledge of labour laws, particularly if they are smaller operators or migrant business owners themselves” says independent HR expert Jason Ennor. "They're so committed to their core business; they don't have the time or the right support systems in place to ensure that they aren't breaking any labour laws. For some business owners it may just be sheer ignorance that there are laws in place to protect employees." says Mr Ennor.

Mr Ennor has some advice for employers to ensure they're on the right side of the law.
1. Start with an employment agreement, for all employees, this is a minimum requirement.
2. Ensure the agreement has been developed in consultation with an expert who knows what they’re doing so it meets minimum legal standards and is fit for purpose.
3. Avoid using “recycled” contracts from friend’s businesses, as these may be out of date or not fit for your own business.

"The penalties are a huge hit for any company, especially when there are ways that they can be easily avoided. Nobody wants to see worker exploitation in NZ. But equally, as a country of small businesses, nobody wants to see hard-working entrepreneurs penalised for something that could so easily be done right.”

Jason Ennor is a successful and respected HR Manager with more than 13-years' experience in operational and strategic roles. He has worked in NZ and internationally for companies including Shell, SkyCity and Woolworths. He has advised the Minister of Labour regarding changes to the Employment Relations Act and now has started up his own independent company MYHR www.myhr.co.nz to offer support to New Zealand businesses without an HR department.

Jason has a regular blog commenting on employment related issues affecting New Zealand businesses. Jason can explain employment and human resource issues in plain English, easy to understand manner. He can also offer insights and examples of New Zealand cases he has been involved with.

ENDS

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