10 Jun 2018

Another month, another breach of minimum Employment Law rights with migrant workers. This time a CourierPost contractor company was investigated and found guilty of 31 breaches of the Employment Relations Act, and ordered to pay more than $37,000.

Breaches included failing to provide Employment Agreements, paying below the minimum wage, failing to keep records, and breaches of the Holidays Act amongst others.

Labour Inspectorate regional manager Kevin Finnegan commented "Finding such poor practices connected to a well-known brand, like CourierPost, raises questions about the quality of their systems." However went on to say "I am not satisfied DTL deliberately attempted to avoid its obligations; however, ignorance of the law does not excuse a breach."

Aside from underpaying staff or denying them the their minimum rights the basics on documentation for staff are:
Record keeping of wage, time, holiday and leave
Employment Agreement signed by both parties
Correct tax documentation including an IR330 tax declaration form
Employee KiwiSaver forms. Whether or not an employee wants to join KiwiSaver you need to ensure you have the correct documentation
PAYE payment receipts and wage book information including any incurred leave.
Employee personal files must be kept for seven years.

Failure to do any of the above can result in fines, being stood-down as an employer of migrants and having Visas cancelled.

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