2012-Mar 30: Migrants affected by industrial action

Visa Pak 58 - Advice for staff about the granting of visas to migrants affected by industrial action.

Visa Paks

30 March 2012

There have recently been cases in the media of migrants being affected by industrial action.

Immigration Officers should be aware of s97 of the Employment Relations Act (the Act).

Performance of duties of striking or locked out employee.

The law does not allow an employer to engage other people to perform the work of locked-out or striking workers unless they are already employed at the time the action commences, and are not employed principally for the purpose of performing the work of a locked out or striking worker.

In some instances it would be inappropriate to grant a visa to a migrant that is accompanied with a job offer for such employment. However, Immigration Officers should not automatically decline an application on this basis.

It is recommended that the officer considers factors such as: if the client already working for the employer, if the role is principally for the purpose of performing the work of a striking or locked out employee.