LaurentLore Corporate Edition
March 2015
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In This Issue
Changes to Employment Law came into effect 6 March
Minimum wage increasing
Changes to Paid Parental Leave
Online Vacancies - February 2015 report
Position Description for immigration purposes
Labour Market Test
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Having personally dealt with Laurent Law on 4 separate immigration cases, I would like to thank you and your team, for your consistent professionalism, efficiency and more specifically your 100% success rate...Stephan makes what would otherwise be a very arduous procedure, a imple step by step process, as we work through the numerous detailed requirements of the immigration department. He is always very quick to respond to my queries, giving an in-depth, well thought out response at all times that makes me feel that my case is his number one priority, when in reality he was likely dealing with so many other clients."


Kerry Johnstone, Aida


"The last 6 years have been challenging, fraught with frustration and anxiety in not knowing what the future holds for us and securing PR heralds in a new beginning and chapter in our lives; now we can move forward and start leading normal lives with some certainty. All thanks is due to Stephan without whom this would not have been possible...Stephan is meticulous and very thorough and it's a relief knowing that we allowed Stephan to do what he does best and entrusted him with our application and the belief that he will always act in our best interests."






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Laurent Law Barristers & Solicitors
1st Floor, Target Building, 93 Dominion Rd
Mt Eden, Auckland, 1024, New Zealand
Ph.  +64-9-630-0411;  Fax  +64-9-630-0412




This, our Corporate newsletter provides information about immigration which we consider to be relevant to Corporates and Employers. We also produce a separate 'business' newsletter focusing on entrepreneurs and investors, and a 'migrant' newsletter offering advice to prospective and recent migrants to NZ.


This newsletter concentrates on the 'Labour Market' from both an employer and Immigration perspectives:

  • Changes to employment law
  • Immigration Matters
    • Useless Position Descriptions
    • The Labour Market Test

 The National government has hit its straps with a number of changes to employment law taking effect in March-April.

You can subscribe to our  law firm blog or newsletters to hear up-to-date commentary on trends in the immigration field.
Who do you know who should get this newsletter? 


Yours sincerely
Bill Milnes
Laurent Law Barristers & Solicitors
Email Me   and please add this email address to your Contact List
Your comments would be appreciated - including questions which you would like answered directly or in a future instalment.
Changes to Employment Law came into effect 6 March


The key changes include:

  • extending the right to request flexible working arrangements to all employees;
  • how employers and employees should agree on rest and meal breaks;
  • establishing a process for the transfer of employees in some industries if there is a restructure in the business or a change in business owner;
  • clarifying the confidential information that employers are obliged to give to affected employees in dismissal or redundancy situations;
  • changes to collective bargaining: reaching new collective agreements, opting out of multi-employer bargaining, removing the 30 day rule for new, non-union employees and allowing pay deductions of employees who take part in partial strikes;
  • setting time frames for the Employment Relations Authority to make determinations in an employment dispute. 


Visit the MBIE website for more information




Minimum wage increasing

Minimum wage rates are going up. The new minimum wage rates take effect on 1 April 2015.

The adult minimum wage rate (before tax) that applies to employees aged 16 or over will increase to $14.75 an hour, which is:

  • $118.00 for an 8-hour day, or
  • $590.00 for a 40-hour week.

The Starting-out wage and The training minimum wage are also increased

Go to the MBIE website for more information on minimum wage rates or call 0800 20 90 20.



Changes to Paid Parental Leave



Changes to Paid Parental Leave will come into effect on 1 April 2015.

These changes extend the maximum amount payable from 14 to 16 weeks. The changes apply to an employee or self-employed person.

More information on Paid Parental Leave available on the MBIE website or call 0800 20 90 20.


Online Vacancies - February 2015 report


The Ministry of Business, Innovation and Employment has released its February Jobs Online report today.

The monthly report measures changes in job vacancies advertised on the two main internet job boards - Seek and Trade Me Jobs.

Findings from the latest report show that:

  • Online job vacancies increased in February for:
  • Skilled vacancies increased in six out of eight industry groups.
  • Skilled vacancies grew in two out of three occupation groups. The biggest month-on-month increase was for managers (up 0.6 per cent).
  • Skilled vacancies increased in eight out of ten regions over the past month.
Position Descriptions for immigration purposes

One of the most critical documents in an employer-based work visa or SMC application is the Position Description (PD), aka Job Description.

The PD must show in detail, exactly what the job entails and INZ will cross-reference the PD to the tasks identified in ANZSCO - a 900 page classification of occupations in Australia and NZ. Although ANZSCO is only partially relevant to many positions, it is the only publication available. INZ refer to it in detail when considering immigration applications and they can be brutal in declining applications where they cannot readily identify that the PD is very closely aligned to the ANZSCO description of the role.

We see a surprising number of PDs, especially from larger corporates, where a generic PD has been produced covering multiple positions, which effectively say, do as you are told, help anyone who needs it and don't disobey the rules. How can a case officer identify from that, what your job is, and if it correlates with ANZSCO?

Make it easier for INZ to say 'yes' than 'no' by helping them to understand exactly what you do, who you report to, and which positions report to you.



Labour Market Test

With few exceptions, employers supporting work visa applicants must prove to INZ that they have made all reasonable attempts to recruit locally. This requires advertising the position in detail on Seek, Trade Me Jobs and with WINZ. However, it is critical that your advertising is specific and detailed, because if WINZ or INZ decide that the wording of the advertisement is such that the position could be filled by someone 'who with reasonable training' could fill the role, then you must employ that person.

This is especially important if the applicant has been with you for years, as INZ may also decline an application on the basis that you should have trained a local person to do the job in that time.

Getting it right is not easy, even when you understand the way INZ thinks. At Laurent Law, we follow a 40 stage process in preparing and submitting a successful work visa application.

The cost of getting it wrong and having a key person's work [or residence] application declined will be substantially higher for the firm and for the applicant, than would have been the cost of professional fees to do it right, the first time.





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