Job Offer - NZIS Forms "Doctored" - Bevs?
 

Hi

This might be one for Bevs?

Bevs - I dont know if you remember me saying recently, that we were taking my husbands first NZ employer to the employment tribunal as he fired my husband after 2 years and is now claiming that he was never ever an employee.

We had a written job offer from him (2004) and he completed the NZIS employer form and we claimed 50 points for the job offer. My husband and his boss also took calls from immigration to confirm that he was still in employment (Section 18a - 3 months)

We have been to the employment tribunal this week and my husbands boss is now claiming that the NZIS employer form was 'doctored' and he is in touch with the Governor General about the matter. We appeared indignant with these accusations but according to the ERA Member, he is not saying we did it but that NZIS may have doctored the forms.

We think that he has thought up this 'smoke screen' so that he can cover up his story of my husband NOT being an employee and therefore denying he has signed a false declaration to immigration.

This is a bit of a serious one, so wondered if you have any information about whats going on with immigration etc.

I dont think that we need to be worried at all by his accusations,what do you think?

We have to wait up to 6 weeks for the determination from the Employment Tribunal.

Re: Job Offer - NZIS Forms "Doctored" - Bevs?
 

Yes I remember This Thread.

Here are my thoughts, but as you know I'm no expert. MPG as a barrister and Southerner will have a far better grasp than I have.

I agree with you. The bar-steward is now trying to use the news about the Head of NZIS to cover his tracks. Smoke and mirrors .

As an accusation has been made against an immigration officer, it may be that the NZIS officer & the branch manager would be contacted and called upon to review the PR application records & answer the claim against them. It's highly unlikely that the NZIS officer 'doctored' the employers form.

As you had a written job offer stating terms and conditions plus the NZ employer completed the employers form, I think it is reasonable for the NZIS officer to have believed, at that time ,that you had been offered paid employment as an employee. The NZIS officer would have verified this with follow up phone calls. They wouldn't just have believed it.
Likewise yourselves. At the time of PR there would have been no reason for your husband to think that he was in other than paid employment as an employee. It is only afterward that problems arose when the NZ employer tried to dodge his responsibilities as an employer.

The NZ employer is stuck between a rock and a hard place.

If he claims your husband was not an employee, then he made a false declaration to NZIS. The fines are heavy for this.

If he made a true declaration to NZIS, then your husband was an employee . Your case should be proven.

It's my understanding that the Governor General is able to call for deportation of non-citizens where they pose a threat to NZ homeland security. Are you a threat to NZ? :sneaky: Other than that, I sort of doubt that the GG is going to interest himself in an employment dispute. Sounds like scaremongering to me.

You have been in NZ for around 3 years now I think. Only the first half was with this troubled employment. Is your husband still working full time in his trade?
As you and your family are settled , supporting yourselves and have a skill that NZ needs, I can't really see your PR status giving NZIS a cause for concern because of this employment dispute.

Fingers crossed that you get a positive outcome to the Employment Tribunals findings.

Re: Job Offer - NZIS Forms "Doctored" - Bevs?
 

Hi BEVS

That was exactly what I was hoping to hear from you - great sound advice and comments (as always).

We had a barrister offering advice, but on her recommendation chose to represent ourselves. She too said the same thing:

The NZ employer is stuck between a rock and a hard place.

If he claims your husband was not an employee, then he made a false declaration to NZIS. The fines are heavy for this.

If he made a true declaration to NZIS, then your husband was an employee . Your case should be proven.

This is why we beleive that he has come up with the 'story' of immigration tampering with his forms. We only heard this 'story' 3 working days before going to the hearing and this complaint has been going on for two years now!

My husband has been in NZ since Sep 2004 and is still doing painting and decorating - his trade, although, following his sacking, he is now in a business partnership. He would still prefer to be employed!

At the time of PR there would have been no reason for your husband to think that he was in other than paid employment as an employee. It is only afterward that problems arose when the NZ employer tried to dodge his responsibilities as an employer.

You are right again - we had no reason not to believe that my husband was in paid employment and all the documentation/calls and forms show this.

We had a very good Employment Relations Authority Member who seemed to be firm but fair at the tribunal hearing, so we are hopeful of a positive outcome, just 6 weeks to wait.

Thanks again Bevs.:)

Re: Job Offer - NZIS Forms "Doctored" - Bevs?
 

Presumably you have pay slips, IRD proof of tax, so the point is quite mute. Seems a bit of a fool to try and play this card, employer only making him/herself more problems.

Re: Job Offer - NZIS Forms "Doctored" - Bevs?
 

howden40

No, no pay slips and accounts prepared, so not a straight forward case but the law surrounding employment is not so clear cut.

As far as we are concerned he was employed but the employer didnt put any 'process' into place, leaving my husband stranded. As Bevs said the NZ employer tried to dodge his responsibilities as an employer.