.png)
The Accredited Employer Work Visa (AEWV) was launched in May 2022 for applications, replacing six temporary work visas and, as at 11 September 2023, Immigration New Zealand had approved 85,742 AEWV applications with 28,631 accredited employers.
The new work visa has inadvertently opened the door to migrant worker abuse with more than 200 employers being investigated and hundreds of workers not finding what they expected when they arrived in the country.
News stories exposed cases of groups of migrant workers arriving at their New Zealand workplaces only to find they weren’t expected or were only employed for a few days before being laid off. Forced to live in crowded conditions while they tried to find alternative work, the photos were harrowing and it was a black mark for the country and its businesses.
In most of these situations, it was the involvement of third-party recruiters in the countries migrants were coming from, scamming workers by asking huge fees to find them jobs in New Zealand and leaving them in the lurch when they arrived.
Allan Crome, Director of New Zealand Shores, the MyHR immigration services partner and a licensed immigration adviser (LIA) explains: “The new immigration systems and processes have essentially enabled certain individuals and employers, who are so inclined, to exploit the system.
Once they have passed through Immigration New Zealand accreditation and job check phases, and have job tokens in hand, these job tokens can be used as bargaining chips or sold for exorbitant fees, which is illegal. The offshore migrant can have a visa approved, travel to New Zealand, and may or may not have a job upon arrival.“
University of Auckland Associate Professor, Christina Stringer, Director of the Centre for Research on Modern Slavery, and a long-term researcher on migrant exploitation adds: “The unscrupulous will always be one step ahead. It’s about making the systems and checks and balances as tight as possible.”
The Public Service Commission is currently reviewing the AEWV process and Immigration New Zealand has just announced it will be extending the Migrant Exploitation Work Visa beyond six months because it’s challenging for migrants to find another job within that time period, says Christina.
Operate from a position of knowledge, not fear
So how can you hire skilled migrant workers to supplement your workforce and avoid finding yourself and your company caught up in a damaging migrant worker abuse situation?
The advice from immigration experts is to take your responsibilities seriously, communicate well, be very involved in the recruitment, and take good care of your workers on their arrival and settlement.
New Zealand Shores has written its own settlement guide for clients on how to be successful employing from offshore and gives us some due diligence tips for employers:
- When using recruiters, have watertight, underpinning contracts that you use and ensure they are not charging any fees to the candidates.
- Be actively involved in the interviewing process. Perform testing, including technical skills, psychometric testing, English language and company fit.
- If you have roles short-listed and you’re close to making an offer, have candidates undergo technical tests in their area of discipline.
- Consider offering relocation allowances for settlement which can be bonded to the employee. This helps attract the right skills and benefits the longevity and commitment to your company.
How a leading recruitment firm finds skilled migrant workers
It’s a good idea to see how others are doing the recruitment process well. Accordant Group’s AWF is the blue collar temporary labour provider of the group, and has AEWV accreditation as a controlling third party in the labour hire category.
AWF has long term, contractual relationships with offshore agencies and these contracts require these agencies to attest to the fact that they take no fees from the candidates. They must also maintain contact with the workers after their arrival so as to alert the employer to any issues that might arise.
These agencies shortlist applicants for AWF and the company’s Manager of Migrant Workers travels to the country to personally interview, arrange trade testing, and select applicants. Of the migrants AWF has brought in since New Zealand’s border reopened, no one has resigned or been terminated, says Accordant Chief Executive, Jason Cherrington.
“Our certainty around selection means we’re not offering false hope to migrants, nor are we losing our financial investment in bringing them here,” he says.
AWF has a pastoral care company which meets and greets the newly-arrived migrants at the airport and they’ll remain in contact with them for the first three months. They organise their accommodation with a maximum of two to a room, familiarise them with public transport, shopping and local personal safety considerations, and help them set up bank accounts, IRD numbers and so on.
AWF also arranges “buddy” systems in the workplace with migrants from the same countries and the recruitment firm meets with them regularly to make sure they’re settling in well. The buddies can also help them integrate into the community.
A newly arrived migrant worker is like a young person entering the workforce for the first time, says Jason.
“There’s so much they have to learn about the changes to their circumstances and we believe a good employer will seek to be tuned into what may be impacting their lives as well as their work, particularly when they don’t know what they don’t know and they may not have anyone else to turn to.”
How can small businesses look after their migrant workers?
Accordant recommends that smaller companies deal with recruiters either via a referral from another reputable New Zealand business or that they use a New Zealand-based recruitment company which has tried and tested overseas networks.
“The correct checks and verifications must be made on both sides of the agreement to ensure both the migrant and the employer are protected,” says Jason.
Small businesses can look at AWF’s example and take a more personalised approach. It’s a good touch point, for instance, for you to pick your new staff members from the airport when they arrive, says Melissa Johnston, partner and employment lawyer at McVeagh Fleming.
It’s also good practice to send the employee a welcome kit about working and living in New Zealand before they arrive. This should include a written job description of the tasks that they’ll be doing, how the business operates and the staff structure.
When it comes to accommodation, the employer should be checking this out themselves ahead of time to ensure it’s sufficient, says Melissa. The law partner also recommends a service tenancy agreement which shows the employee is being provided with accommodation to live in during their employment.
On their first day, the employer should make the introductions, show the migrant worker any unfamiliar equipment, explain the work ethic, show them the kitchen, explain when people go for lunch and even small things like if you have to ask to go to the toilet. All these things will be unfamiliar, says Melissa.
Make sure they’re aware of all the relevant industry-specific terms or acronyms and translate these for them if necessary, she adds. Tell them about ACC, about industry hazards, and health and safety.
Melissa also recommends making an effort to learn about the cultural backgrounds of your new staff.
“Learn ahead of time about their culture, including food restrictions and religious beliefs and special dress requirements, which will really help you work together. You’ll then be aware if they require leave at certain times, for instance if they need time off for prayers or grieving procedures.”
In one story of an employer going the extra mile, Christina Stringer remembers one small business who sent their migrant workers to an English language centre for two hour classes weekly. Their Kiwi workmate buddy went with them and each staff member was paid for their time.
“The Kiwi employee learned more about the workers’ culture and where these migrants were coming from,” says the University of Auckland Associate Professor.
The upside of hiring migrant workers
With the recent bad press on the treatment of migrant workers in New Zealand, it can detract from the valid reason NZ companies are hiring migrant workers in the first place.
If you’re looking for skills that are hard to find in New Zealand, a skilled migrant worker is a very viable option.
Julia Cooke, a New Zealand Shores licensed immigration adviser in Nelson says: “The overwhelming majority of migrant workers thrive in the NZ workforce, are hardworking, diligent, highly skilled, and extremely dedicated to your company for enabling a life-changing step for them and their family.”
Migrant workers coming here are choosing New Zealand over other countries such as Australia, the UK, Canada, and the USA. The draw card for migrants is around long-term migration and securing residence, essentially securing a better future for their family, she explains.
Providing certainty in this space and guidance on how to achieve residence is, meanwhile, a big draw card for employers, she says.
New Zealand has to get better at handling immigration, says Christina. “So many employers or businesses are dependent on migrant workers across a variety of sectors because they struggle to find workers here. Not all work out but they can be so valuable to the company and the economy.“
NZ employers can compare quite well with employers overseas if they recognise the potential in the migrant worker and believe in them. The result will be that the migrant will get up and deliver.
“It’s about employers being kind, fair, and treating migrants equally,” says the academic.
Get in touch with MyHR
Our team is always available to support you and your business when you need expert HR guidance or advice.
You can call our advice line on 0800 MYHRNZ (0800 69 47 69) or email us at help@myhr.works. If you're a MyHR customer, you can log in to MyHR and use the "Ask us" chat bubble to send our team a question.
