In the absence of a written employment agreement a casual employee may be considered a permanent employee if they regularly work for the employer.
There can be a thin line between permanent and casual employment. In some cases, employment may start on a casual basis, but evolve over time to be permanent – even if the parties don’t realise this has happened. There are several points of reference that need to be determined in order to decide if on the facts a particular job is permanent or casual. Such points include the following:
- A person may be considered a permanent employee if they are found to regularly work for the employer. However, where any such employee has signed an employment agreement which designates employment as casual then it will be more difficult, but not impossible, to argue that such employment is in fact permanent.
- A part-time employee is likely to be classed as a permanent employee if that employee reasonably held an expectation of a continued offer of regular employment by the employer.
- Initial casual employment may change to permanent employment if there is evidence that, over time, such employment evolved from an irregular and uncertain offer to a regular and certain offer of employment by the employer.
We can help you determine whether your employment is casual or part time and pursue any grievance you may have arising from your employment.
People trafficking can be described as modern-day slavery
People trafficking involves the forced exploitation of a person and can take many forms, including being blackmailed or coerced into work, having to work as a condition of accommodation, and forced into prostitution. Trafficking victims are often deceived into believing that they are coming to a country for a legitimate purpose and then find themselves working in an industry they are not trained for and cannot escape from. For example, traffickers may advertise false or misleading job offers to recruit potential victims. Once in the country, their passport may be taken from them and their movements are restricted. They may not have access to authorities or public agencies. People trafficking often involves debt bondage, where people are forced to work for little or no money and under poor conditions to repay perceived debt. They are treated as commodities and profit is made from their ongoing exploitation.
If you are in an exploitative situation or you know someone who is, contact your local Police. The New Zealand Police and Immigration New Zealand are here to protect, not punish victims of crime.
Migrant workers have the same employment rights as all other workers in New Zealand.
Some employers do not treat their workers according to New Zealand employment law. Exploitation of migrants at work can take many forms. In the worst cases, employers force workers to work in some jobs such as sex work. In other cases exploitation at work may be serious underpayment of wages, being forced to work long hours for little or no pay, restrictions on freedom of movement, or threats against a migrant or their families. We can help you with any Exploitation and Trafficking grievance you have with your employer and ensure that you receive the benefit and protection of New Zealand employment laws.
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