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Thread: Leaving job after residence

  1. #1
    Join Date
    Sep 2016
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    New Zealand
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    Default Leaving job after residence

    Hi everyone i am new to this forum. I got my residence few days ago but i got injured while playing soccer and i have hurt my back and unable to join work. My employer says that i have to join work anyhow but i am unable to work. my employer says to come and work for two weeks so he can find someone for this role. but due to the injury i am having problem sleeping so i cannot work. can i leave the job without giving a notice or should i give notice while i am at home recovering. My doctor says i have to go through surgery and it may take 2 months . My employer is threatening if i dont join work he will complain to immigration about this. What should i do i dont know. any suggestion please .

  2. #2
    Join Date
    Oct 2013
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    New Zealand
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    Default

    If you have no Section 49 conditions on your residence, then from an immigration perspective you are free to do what you like, including resignation. (dont do that though while you are injured and on sick leave). Matters relating to sick leave and notice will be in your employment contract. Your employer cant force you to work, particularly if you have a medical certificate and also could not dismiss you because you have taken sick leave. You will also be covered by ACC, if the absence was due to an accident. if you are having an employment issue, then speak to a Citizens Advise Bureau, or to the Employment relations service Service at the Department of Labour (MBIE) (www.employment.govt.nz), for free advice

  3. #3
    Join Date
    Sep 2016
    Location
    New Zealand
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    Default

    Thank you chris. I really appreciate your effort to answer this. I have no condition on my passport. The way my employer is behaving I dont even want to join work. I am planning to go and stay with my family in my country where they can take care of me. I dont even want to give him notice the way he has started to behaving and accusing me of lying the injury. Is it ok to leave the job without giving notice? the only thing he has been saying that he will complain about this to immigration. is he allowed to complain to immigration about this? I am scared that my residence visa might be taken back. thank you

  4. #4
    Join Date
    Oct 2013
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    New Zealand
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    you should take some advice on this from experts. It seems that your employer may be bullying you and what he is doing may amount to "constructive dismissal." if you have been given sick leave by your doctor, that is your first step.

  5. #5
    Join Date
    Sep 2016
    Location
    New Zealand
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    thank you once again chrish. Do u mean i have to consult a lawyer or a immigration advisor? am i allowed to give resignation letter while i am on sick leave? i would rather give him a letter and take rest and once i am finished with him i will go back to my country for treatment.

  6. #6
    Join Date
    Feb 2008
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    37,847

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    If you just leave the job without giving notice in line with your contract, you could put YOURSELF in the wrong - this is with regard to employment law, which is taken very seriously in NZ. The experts would be the Citizens' Advice Bureau, or the Employment relations service Service at the Department of Labour (MBIE) (www.employment.govt.nz), for free advice, as Chris said. It is important not to break your contract, because NZ is a very small society, and when you're fit and wanting to find another job, you don't want the word to be going round that you're not reliable. I understand that while you're in pain, it is hard to have the energy for dealing with this unpleasantness, but once you have spoken to the experts, you will have other people on your side to help you.

  7. #7
    Join Date
    Sep 2016
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    New Zealand
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    Thank you jand and chris. I would talk to the expert about this and try to solve it. thank you once again for your effort

  8. #8
    Join Date
    Oct 2013
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    New Zealand
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    What I'm saying is that your employer has obligations to you, even if you are sick/injured. he cannot do anything to effect you immigration status if you are now a resident without S49 conditions.
    Taking advice from A CAB should clarify what ACC and sick leave payments you may be entitled to, and if you feel you are being bullied into resigning by your employer then you could take action to stop that.

    if you want to resigne, the notice period should be in your employment contract, or else the same period of notice is required, as you are paid. (weekly, fortnighly, monthly?)

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