Updates from Settlement Support New Zealand – Auckland City

Client and Service Providers Enquiries 177 people visited SSNZ Auckland City/ARMS Three Kings during February 2011 Of these figures, 133 were first time clients. Nearly 40% of the clients contacted SSNZ Auckland about finding employment; 10% wanted information about cultural/community and Learning English, and around 6% wanted information about Employment Rights and Daily Life.

The majority of our clients in February were from China (23%), India (17%), Philippines (8%), Sri Lanka (6%) and Japan, New Zealand, and USA around 2 – 3%. Many of them have permanent residence in New Zealand, 20% were family members of skilled migrants, 21% were skilled migrants, 7% with work-to-residents

permits. 19% had work permits, 12% with student permits, 4% on visitor permits and 3% from overseas.

Almost 52% of the clients had been in New Zealand less than 2 years, with 13% having been here longer than 2 years and 27% more than 5 years.

There were 8 service providers to service providers’ referrals from 5 service providers, related to financial assistant, interpreters/translators, rental/temporary accommodation.

Christchurch Earthquake Support in Auckland

ARMS have produced a special ARMS Reach updated weekly. The newsletter contains information about what other NGOs and community groups are doing to support those affected by the Quake.

Please check it out on the ARMS’ website http://www.arms-mrc.org.nz.

Auckland Council

The Auckland Plan The Auckland Plan will be a bold 30-year vision and strategy for Auckland underpinned by the Mayor's vision of making it the world's most liveable city. You can read more about it on : http://bit.ly/ihksbq Draft Annual Plan 2011 – 2012 Auckland Council's Draft Annual Plan 2011/2012 is now available for public feedback. It sets out the council's plans for the year 1 July 2011 to 30 June 2012. This year provides an update to the plans and budget for 2011/2012 contained in the council’s Long-term Plan 2010/2019 which consolidated the plans and financial projections of the previous councils. Visit: http://bit.ly/grKu3m Pacific Peoples Advisory Panel and Ethnic Peoples Advisory Panel The Panels have been established. You can read meeting agendas, minutes and attachments on: http://bit.ly/ihfvdh

You can contact the Auckland Council on (09) 301 0101 or visit www.aucklandcouncil.govt.nz for more.

Paenga whāwhā (April) 2011/Issue 28

Bevan Chuang, Settlement

Support Coordinator –

Auckland City

Kei te pēhea koutou? How are you all? Welcome to the twenty-eighth

Settlement Support New Zealand—Auckland City Newsletter.

The purpose of this newsletter is to provide you with information about what

Settlement Support – Auckland City does, and where you can find information

about employment, education, health services and many other aspects of

settling in New Zealand. This is also an opportunity to share with you the

services and activities available around Auckland City.

Please feel free to pass on this newsletter onto friends, family and community

colleagues.

Settlement Support New Zealand Auckland City – Tāmaki-makau-rau

Haere Mai, Nau Mai, Haere Mai

Updates

Key changes to the Employment Relations Act 2000 and the Holidays Act 2003 Most changes to the Employment Relations Act 2000 and the Holidays Act 2003 come into effect on 1 April 2011. Below are some of the key changes that may impact on your business.

Employment Relations Act 2000 90 day trial periods are extended to all employers. Only new employees can be put on a trial period and it

must be agreed in writing in the employment agreement before the employee begins work. If an employee is dismissed within the trial period, notice must be given during the 90 days

Changes to the test of justification used by the Authority or the court to determine if a dismissal or employers action was unjustified

Mediators and the Employment Relations Authority can make recommendations on resolving a problem. Re-instatement for an unjustified dismissal is no longer the primary remedy

Employer consent will be required to be given before a union can access a workplace, and employers can communicate with employees during collective bargaining

From 1 July 2011, employers must retain signed copies of individual employment agreements or the current terms and conditions of employment that make up the employee’s individual terms and conditions of employment. Employees are entitled to ask for a copy of their individual employment agreement.

Holidays Act 2003 Employees may cash up a maximum of one of their four weeks of annual leave with their employer’s

agreement. This provision commences on 1 April 2011, and may only be used for leave that the employee has become entitled to after 1 April 2011

Employers may agree with employees to transfer a public holiday so that it is observed on another working day

There is a new calculation called “average daily pay” that may be used if it is not possible or practicable to work out relevant daily pay, or where an employee’s daily pay varies in the relevant pay period

Employers will be able to require an employee to provide proof of sickness or injury within the first three consecutive calendar days of taking sick leave, if they inform the employee as early as possible that proof is required, and agree to meet the reasonable expenses of obtaining the proof.

Find out more on: http://bit.ly/eSwkhU

Along with the Employment Relations and

Holidays Acts changing the minimum wage is

going up. From 1 April 2011, the adult minimum wage will increase to $13.00 an hour. The new

entrants’ minimum wage and the training minimum wage will increase to $10.40 an hour.

Here is an overview of the key changes to the Employment Relations Act 2000:

Previous law What’s changed

Extending trial periods to all employers

Only employers with 19 or fewer employees were able to offer new employees a trial period of up to 90 days.

All employers can now offer new employees a trial period of up to 90 days. The previous requirements placed on the employer still apply.

Employer MUST retain copies of individual employment agreements

Previously employers were not required to keep copies of their employees’ individual employment agreements, even though all employers were required to have written employment agreements for all employees.

1) Employers must now retain copies of intended or current individual employment agreements, or terms and conditions of employment, whether signed or unsigned. The Act also clarifies that in

cases where the employee not agreed to the

terms and conditions of employment it can not

be treated as the individual employment

agreement.

2) An employee can request a copy of the employment agreement and an employer must provide a copy as soon as reasonably practicable. These requirements can be enforced by a Department of Labour -Labour Inspector

The Test for Justification

The previous test required the Employment Relations Authority (the Authority) or the courts to consider what a fair and reasonable employer “would” have done in the circumstances.

The Act substitutes the word “could” for “would”. This means that a wider range of fair and reasonable responses are available to an employer in any particular situation.

The Act didn’t state what the Authority or the courts had to consider when deciding whether an employer’s actions or decision to dismiss was justified.

The Act now states that in deciding whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer could have done in the circumstances at the time the dismissal or action occurred, the Authority or the courts must consider: (a) Whether the employer sufficiently investigated the allegations against the employee; having regard to the resources available to the employer, (b) Whether the employer raised concerns with the employee before taking action; (c) Whether the employer provided the employee with a reasonable opportunity to respond to these concerns; (d) Whether the employer genuinely considered the employee’s explanation. These minimum requirements are intended to reflect case law and clarify the process expectations on employers.

There was nothing in the Act that referred to situations where there were minor defects in the procedure followed by the employer.

There is now an express provision in the Act that states the Authority or the court must not determine a dismissal or any action unjustifiable solely because of minor or technical defects in the process followed by the employer if those defects did not result in the probability that the employee was treated unfairly.

Mediators and the Authority can now make recommendations on resolving an employment relationship problem

Previously parties to a dispute could ask a mediator to make a decision that was binding and non appealable. There was no formal recommendation process.

Parties to a dispute can ask mediators or the Authority to make a recommendation about how a problem should be resolved. Parties will have time to consider the recommendation, and either accept or reject it. If the recommendation is rejected by notice to the mediator or the Authority member then further mediation may occur or the Authority investigation and determination would take place.

Penalty for obstructing or delaying Authority investigation

The Act did not previously provide a specific penalty for parties who were deliberately delaying or obstructing the resolution of a personal grievance in the employment institutions.

The Authority can penalise a person (or his or her representative) who without sufficient cause obstructs or delays an Authority investigation. This includes failing to attend an Authority investigation (if required).

Filtering out frivolous or vexatious cases

The Authority had no power to dismiss cases with little or no merit prior to a full investigation.

The Authority can now dismiss frivolous or vexatious claims or defences of claims (or parts of a claim or a defence). Parties have a right to appeal the this decision to the Authority.

Reinstatement

Reinstatement was the primary remedy in personal grievance cases.

Reinstatement is no longer the primary remedy. It is now just one possible remedy the Authority or Court may consider where it is practicable and reasonable to do so.

Employers consent required for union access

Unions could access a workplace for union purposes without the need to obtain consent as long as they were exercising this right in a reasonable way.

Union access to workplaces is now conditional on the consent of the employer, but such consent may not be unreasonably withheld.

Here is an overview of the key changes to the Holidays Act 2003:

Previous law What’s changed

Cashing up annual holidays

Parties could not agree to cash out any annual leave that they were entitled to under the Act. Parties could agree to cash out any annual leave that the employee was entitled to over and above the statutory minimum entitlement.

Parties can now agree that a maximum of one week of annual leave can be cashed out. Employers may, in consultation with employees, have a policy that provides that the employer does not have to consider any requests to cash up annual holidays.

A new averaging formula may be used where Relevant Daily pay for public holidays, alternative holidays, sick leave and bereavement leave is not obvious

Previously if it was not possible to determine an employees relevant daily pay then an averaging formula based on gross earnings for the past four weeks could be used.

The Amendment Act introduces a new averaging formula “Average Daily Pay” (ADP). ADP replaces the previous four week averaging formula. ADP is based on the employee’s gross earnings over the previous 52 weeks. ADP may be used when it is not possible or practicable to determine RDP or where an employee’s daily pay varies within the pay period concerned.

Transfer of public holidays to another working day

A 2007 decision of the Supreme Court ruled that the Act did not enable the transfer of a public holiday to another working day.

The Act now clarifies that parties can agree to transfer the observance of a public holiday to another working day. The Act sets out a number of criteria that apply to any agreement to transfer public holidays. As with the cashing up of annual holidays, employers may have a policy that the employer will not enter into agreements to transfer public holidays.

Taking alternative holidays

Where parties couldn’t agree on when an alternative holiday was to be taken then, within the first 12 months, the employee could nominate when they would take the alternative holiday. After 12 months, the employer could direct the employee to take the alternative holiday or the parties could agree to exchange the alternative holiday for payment.

If parties can’t agree on when an alternative holiday is to be taken then the employer can nominate when the alternative holiday is to be taken. The employer must be reasonable when making this decision and provide 14 days notice of the requirement to take the alternative holiday.

Proof of illness or injury for employees away from work for 3 or less than 3 consecutive calendar days

If an employee was away from work for less than three consecutive calendar days, the employer could ask for proof of sickness or injury if the employer had: 1)reasonable grounds to suspect that sick leave was not genuine, and 2)informed the employee as early as possible that the proof is required, and 3) met the employees reasonable expenses in obtaining proof.

There has been no change for situations where the employee is away for three or more consecutive calendar days. The change only relates to situations where the employee has been away for less than three consecutive calendar days. The Act removes the explicit requirement for an employer to have reasonable grounds to suspect that sick leave is not genuine before the employer can request proof of sickness or injury. If the employer requires proof of sickness or injury when the employee has been away for less than three consecutive calendar days, employers are still required to: 1)inform the employee as early as possible that the proof is required, and 2) meet the employee’s reasonable expenses in obtaining proof.

Public Holiday entitlements during closedowns

A recent court decision held that employees did not have to be paid for public holidays that fell during a closedown period as the public holidays were considered to not be days that would otherwise be working days.

The Amendment Act clarifies the original policy intent that if a public holiday, alternative holiday, sick leave or bereavement leave falls during a closedown period, the factors in section 12 of the Act must be taken into account as if the closedown were not in effect, in order to determine whether it would otherwise be a working day for the employee.

This does not change current practice but ensures the legislation reflects the original intention of the Act.

Definition of discretionary payments (relevant for the calculation of gross earnings)

The Act didn’t define discretionary payments. The Act now provides that a discretionary payment is “ a payment that the employer is not bound, by the employee's employment agreement, to pay the employee”; BUT if the payment is provided for in the employment agreement but the amount to be paid is not specified, or the payment is subject to certain conditions, then this is NOT a discretionary payment.

What’s Coming Up? Workshops *All free and conducted in English unless otherwise stated.

Job Search Workshop

5th April and 19th April, 9.30am—3.00pm

Workshop to assist with your job search. Held in conjunction with Career Services and the Auckland Chamber of Commerce and other agencies.

Legal Clinics Fridays, 9.30am—12.00pm

Heval Hylan, Principal of Hylan Law Barrister & Solicitor, will be providing free 10-minutes legal advice on immigration, family law, contract, trusts and other areas of law in general.

Free Counselling Services to support newcomers to New Zealand Fridays, 9.30am – 12.30pm, Bookings Essential Making a new life in a foreign country can sometimes be difficult and can sometimes feel overwhelming. Talking with someone who understands may help you to make sense of what’s happening and assist you to move forward with confidence and hope.

Free English Advisory Clinics Tuesdays, 10.30am – 12.30pm Our English language Advisor can provide you with a 20 minutes consultation and referrals to suitable providers and courses. Note: Please contact ARMS for individual consultation and assessment.

Legal Workshop: Working in New Zealand by Amicus Law Saturday, 2nd April, 9.00am – 12.00pm The recession has left many migrants feeling vulnerable when seeking employment. This workshop seeks to explore available options for migrants and their employers when applying for work visas.

Employer’s Tax and KiwiSaver workshop Saturday, 9th April, 9.00am – 12.30pm Inland Revenue for new employers. All about tax codes, obligations, PAYE due dates, KiwiSaver, other reductions. Return filing procedures, IR-File Options, KiwiSaver employer contributions.

Career Development & Training: Workplace English, Business and Hospitality Thursday, 14th April, 10.00am – 12.00pm Wanted further career development and training opportunities? Wanted to improve your workplace English? Wanted to find out more about a degree in business management and hospitality? Chinese speakers available on site.

Personal Financial Planning and Management Saturday, 16th April, 10.00am – 12.00pm What is personal financial planning? Do you know your financial resources? How to manage your risks in life through insurance and protect your estate? Why do you need a retirement plan? What should you know for investment planning? Chinese ok.

Marae Visit Saturday 30th April, 9.00am – 4.00pm – $15/ person, payment made at the time of registration Powhiri/Welcome – introduction to Maori history and culture; flax weaving, Maori songs and Haka;

Hangi lunch; Poroporoaki/Farewell; free transport; Certificate of Participation.

For more information or to register contact ARMS on 09 625 2440 or reception@arms-mrc.org.nz.

Have you been forwarded this newsletter? If you've been forwarded this newsletter and you wish to subscribe email ssnzauckland@arms-mrc.org.nz.

If you would like to change your subscription details or unsubscribe email ssnzauckland@arms-mrc.org.nz. Have you got any suggestions or feedback about the newsletter? Please email ssnzauckland@arms-mrc.org.nz

がんばれ日本! Hang In there Japan!

The Consul General of Japan in Auckland (http://www.auckland.nz.emb-japan.go.jp/), Mr Hachiro Ishida, expresses sincere appreciation for the condolences and assistance received. The Japanese Society of Auckland (http://www.jsa.org.nz/), the New Zealand Japan Society of Auckland (http://www.nzjapan.net) and Red Cross New Zealand, which are all working with the Japanese Red Cross Society, are accepting donations. Red Cross New Zealand is accepting donations (http://www.redcross.org.nz) or by cheque to: 2011 Japan Earthquake and Tsumani Appeal, Freepost 232690 , PO Box 12140, Thorndon, Wellington 6144.

Are you looking for employment? The new and improved New Kiwis website has been launched!! www.newkiwis.co.nz is a free national jobsite for skilled migrants eligible to work in NZ who are seeking employment. New Zealand Employers use our website to search for the skills they require. If a potential Employer is seeking your skills they will download your CV and contact you directly by phone or email to arrange an interview. You can sign up for e-mail alerts and also search the “job vacancy” section – just be aware many employers search the database without posting their vacancy. Don’t have a CV? Once you register your information an automated PDF CV will be created for you. Are you eligible to work in NZ? If you have a valid work permit, open work permit, working holiday visa, permanent residency or citizenship then you are eligible to work in NZ Act now – over the next few weeks we will be engaging NZ Employers to list their vacancies on our website and search our database for CV’s. If you do not want to miss out on this opportunity then visit www.newkiwis.co.nz today to register as a job seeker. New Kiwis is a partnership project between the Auckland Chamber of Commerce and Department of Labour.

Elim Christian Centre Soul Food

Festival

SUNDAY 3RD APRIL 10 am

BRING YOUR FRIENDS

74 Cook Street, Auckland City

Note: Food will be on sale

CELEBRATING OUR CULTURAL DIVERSITY

Enjoy International &

Traditional Ethnic food, Music, Entertainment, Kids Activities

www.migrantexpo.co.nz

the9thauckland

show

18thnationwide

new2auckland

Living.Working.Learning.& More.?

welcome everyone:

new migrants, refugees, people relocating from christchurchinternational students, homestay families, school teachers

& employers (if you are looking for staff, please don’t hesitate to contact us to see how we can help)

The one and only show of its kind in New Zealand

•••• ASB ShowgroundsLogan Campbell Centre

Greenlane RoadAuckland

10am-4pm

FREE ENTRY

9 July 2011

4 E M P L O Y E R S

4 R E A L E S T A T E

4 M I G R A N T B U S I N E S S E S

4 I M M I G R A T I O N

4 S E T T L E M E N T S E RV I C E S

4 G O V E R N M E N T D E P T S

4 H E A L T H & S A F E T Y

new2auckland? (the Migrant Expo) is an established show for new and settled migrantsin New Zealand. This year the scope of theshow has been widened to cater to the specific needs of people relocating fromChristchurch.

The Migrant Expo was first organised 9 years ago, and it is still the only Expo of its kind. It attracts the broader migrant market - European, Chinese, Indian, Filipino, Korean, South African, African, Middle Eastern, North & South American,Canadian, US and other Asian migrants.

WHO SHOULD ATTEND THE SHOW:

• New Migrants & Refugees• People who have relocated here • NGO’s, members of Community Groups• Have family, friends planning to migrate• International students, homestay parents• Job seekers, those changing career paths• Employers, recruitment agencies• Government officials• School principals, staff and students

FAST FACTS:

new2auckland?

WHO SHOULD BE EXHIBITING:new2auckland? will feature a wholearray of information booths as well asinteresting products and services.

4 E D U C A T I O N , T R A I N I N G

4 C O M M U N I T Y G R O U P S

4 F R A N C H I S I N G

4 B A N K I N G

4 T R A V E L A G E N C I E S

4 M O N E Y T R A N S F E R

4 P A C K A G E D F O O D

u SECTORS: These are only someof the sectors that have been featured in the show in previousyears. We welcome suggestions fornew sectors that will enhance thescope of the show.

u COMMUNITY GROUPS: Weoffer a huge discount to facilitate theparticipation of community groups inthe show. Please don’t hesitate tocontact us to discuss your particularsituation - don’t let lack of funds bean obstacle.

u EMPLOYERS: We are keen tohave employers and recruitmentcompanies participate in the show.The cost of their booths will be heavily subsidised by the organiser.Please contact us to discuss specialarrangements to facilitate your participation.

See us on youtube!http://www.youtube.com/watch?v=cEIJ3ubs1B8

http://www.youtube.com/watch?v=3JfKiPaM8w&feature=related

BREAKAWAY

FREE Aquatic Holiday Programme April 2011

9.00am to 2.00pm Monday 18 – Thursday 21 April 2011

Tuesday 26 – Friday 29 April 2011

Four days of aquatic activities for Years 6 – 8 students at Cameron Pool, 53 Arundal Street, Mount Roskill.

improve your swimming

play water games

learn water safety skills

For enrolments contact Angelo Naude, WaterSafe Auckland Email angelo.naude@watersafe.org.nz Phone 09 306 0809

www.watersafe.org.nz The Breakaway Holiday Programme is coordinated and delivered by WaterSafe Auckland with funding support from the Ministry of Social Development.