Your Path to Justice

Your path to justice:

The justice process can take around 6 – 8 months (if you settle your dispute without an ERA hearing); and around 9 – 18 months (if you go through the ERA).

Here’s a look at a typical journey so you can know what to expect at each step.

Workplace exploitation

Common signs:

You work for longer hours thanyou’re paid
You’re not paid any annualleave
Your employer threatens tocancel your visa
More information

Use VERI-Mi’s information and tools

Use information and tools to help.

Become better informed about your rights and how to enforce them More information

Collect evidence

Use the VERI-Mi app to keep a work diary.

Keep a work diary recording the hours you work. Keep messages with your employer. Take photos, videos, screenshots and other evidence that shows you’re being underpaid and your rights are being breached.

VERI-Mi’s free app can help you collect this evidence.

Contact VERI-Mi for help

We can give you initial guidance and connect you with a free community lawyer who can give you more detailed help.

Meet with your local community lawyer

Your community lawyer will talk with you about what has happened. Show them the evidence you have collected and talk about your options.

If your lawyer can’t help with your visa, look at the tools and resources on our website and contact us if you need more information.

If your lawyer is unable to help you bring an employment case against your employer (eg because they have too many other cases on), don’t worry. Get in touch with us and we will help you. There are lots of tools and resources on our website that can also give you more information.

Report the exploitation to the government

We know it can be hard and daunting to report your employer and to disclose your situation to the government, especially if your visa is connected to your employer.

In our experience, the government wants to stop exploitation and if you tell them what is happening, they will try to help you. If you want to apply for a Migrant Exploitation Protection Visa, you need to first report the exploitation to the government.

More information

Apply for a Migrant Exploitation Protection Visa

This is a 6-month visa that lets you work for any employer at any hourly wage (at or above the minimum wage).

You need to apply for the visa while you are still on the visa that is connected to your employer (eg the Accredited Employer Work Visa).

Following the government’s policy changes in October 2024, it is no longer possible to extend the duration of the visa. It is now only available for 6 months.

More information

Leave your job

Your community lawyer can support you to leave your job. Your employment agreement will usually say how much notice you have to give your employer.

More information

Personal grievance and claim for unpaid wages and leave

A personal grievance is an action that you can take against a current or former employer, telling them that you have an employment issue that needs to be resolved. The most common types of personal grievance are for unjustified dismissal and also for unjustified disadvantage. You must raise a personal grievance with your employer within 90 days of the issue arising or coming to your attention. Your personal grievance can also include claims for unpaid wages or unpaid leave. If you don’t raise the personal grievance within 90 days, you still have time (up to 6 years) to raise a claim for unpaid wages and other pay owing to you. More information

Mediation

The Ministry of Business, Innovation and Employment offer a free and effective employment mediation service. Mediation is a process where you and your employer try to resolve the issue with the help of a neutral third-party

Employment Relations Authority (ERA) hearing

An ERA hearing (also called an Investigation Meeting) is a process where your employment claims are investigated and decided on by a Tribunal. Members of the ERA are experts on employment law.

The ERA’s role is look into the facts of a case, hear evidence from each party, and make decisions (called determinations) based on the merits. The ERA’s investigations are through and usually quite informal. You do not need to be represented by a lawyer or employment advocate. The ERA can provide an interpreter for an Investigation Meeting.

More information

ERA’s determination

The ERA will issue its determination after the Investigation Meeting.

The determination could include orders requiring the employer to pay you unpaid wages or compensation, for instance if they have dismissed you unfairly or without following a proper process or if it took a while for you to find another job after your employment ended.

The ERA’s determination is binding on you and the employer, although it can be appealed to the Employment Court and to higher courts.

More information

Enforcement

If the employer does not pay you the amount ordered by the ERA, then you can take formal steps to enforce the ERA’s decision.

More information

Employer insolvency

A company can be placed into liquidation, or a sole trader can file for bankruptcy.

We appreciate this will be very stressful for you, and you will be worried about whether you will be paid the money you’re owed.

Talk to your community lawyer as there are things that can be done to help, for instance, filing a claim in the ERA against the director as well as the company.