2017-Jul 21: Dealing with employers who appear to have a connection to an employer included on the list of non-compliant employers

Visa Pak 319 - Information for staff about how to deal with employers who appear to have connection to employer included on the list of non-compliant employers.

Visa Paks

21 July 2017

There has been some confusion on how to deal with applications supported by an employer who appears to have a connection to an employer included on the list of non-complaint employers maintained by the Labour Inspectorate. The connection is due to the employer listed being their parent company or an associated business.
 
As each employer is a separate legal entity, they are regarded as different employers and staff should not immediately conclude an associated business is also non-complaint with employment law. If staff receive an application supported by an employer which they have reason to believe is directly associated with another employer who is included on the list of non-compliant employers, the following process may be followed:

  • Check the New Zealand Companies Office to establish the connection between employers (check and compare the directors and/or shareholders).
  • Identify if any concerns are present with the supporting employer as they may share a centralised HR department with the listed employer, or have similar non-compliant employment practices.
  • If genuine concerns are identified, an immigration officer may issue a PPI letter (see W2.10.5 or R5.110) to raise concerns about whether the employer complies with employment law, such as minimum entitlements and employment standards.

In these instances, the supporting employer would need to respond with sufficient information to satisfy the immigration officer that they do not have the same non-complaint practices that gave rise to the associated employer being included on the list of non-compliant employers, or if they did, that they have been appropriately improved and are now fully compliant.

If the immigration officer is satisfied that the employer does comply with employment law and will continue to comply going forward then the associated employer being included on the list of non-compliant employers should not be a barrier to the employer supporting the application.