The New Zealand court has ruled that charging migrants fees to secure a job is illegal, even when the payments are made overseas.
The ruling clarifies that employers and their representatives cannot charge workers for securing employment in New Zealand, regardless of where the payment is made.
New Zealand’s Employment Court has ruled that charging workers money in exchange for securing a job in the country is illegal, even when the payment is made overseas.
The decision clarifies the scope of the country’s Wages Protection Act 1983, which prohibits employers from charging workers for employment.
The law’s application to payments made outside New Zealand had previously been uncertain.
According to Immigration New Zealand (INZ), the prohibition also applies when payments are made on behalf of prospective employees by family members, friends or agents. It covers money received by recruitment agents and other individuals acting on behalf of employers.
Aaron Smith, INZ’s national manager for risk and verification, said the ruling establishes an important legal precedent in efforts to combat migrant exploitation.
Migrant workers are sometimes charged substantial sums in exchange for promises of employment or residency. Such arrangements can leave people facing financial hardship, particularly when the promised jobs fail to materialise.
Smith said the ruling makes clear that charging for a job in New Zealand is unlawful, regardless of where the payment takes place, how much money is involved or who receives it.
Immigration New Zealand has urged anyone who has been misled or pressured into paying for a job offer or visa support to report the matter.
The agency warned that while it cannot recover money lost through employment scams, it can take action against New Zealand employers and their representatives involved in charging migrants for jobs.
Employers and recruitment agents have also been advised to ensure their hiring practices are transparent and comply with employment laws, including when working with overseas recruiters and other third parties.
Smith warned that employers and agents who exploit migrant workers for financial gain, including through fraudulent job offers, could face consequences.
