Author: WILLIAM BUCKLEY LLB, BSc
Published: 09 July 2026
Legislation: Employment Relations Amendment Act 2026
Edwards Sluiters Associate Sheridan Climo recently acted for a migrant worker who successfully challenged his dismissal and workplace treatment before the Employment Relations Authority.
The case was later featured in a Stuff article titled “I Can Do Anything: Employer Threatened to Cancel Migrant Workers’ Visas Before Mass Firing“, and resulted in findings of unjustified dismissal, unjustified disadvantage, wage arrears, public holiday breaches, good faith breaches and compensation of $25,000.
Background
Mr Dos Santos was employed under an Accredited Employer Work Visa by an Auckland-based commercial painting contractor.
During his employment, he was subjected to repeated threats regarding his job security and visa status. The Employment Relations Authority heard evidence that the employer suggested he could influence employees’ immigration status and made statements including:
The matter later attracted national media attention, with Stuff reporting on the Authority’s findings and the employer’s conduct.
The Authority's Findings
The Employment Relations Authority found that the employer had created a hostile and insecure work environment and that Mr Dos Santos had been unjustifiably disadvantaged and unjustifiably dismissed.
Authority Member Sarah Blick found that the dismissal process was fundamentally flawed and that the reasons relied on by the employer did not justify termination.
Importantly, the Authority concluded that the dismissals were linked to personal friendships between employees rather than legitimate performance or conduct concerns.
The Outcome
The Employment Relations Authority ordered the employer to pay:
- $25,000 compensation for humiliation, loss of dignity, and injury to feelings;
- $1,440 in lost wages;
- $2,698.15 in contractual wage arrears;
- Public holiday arrears and interest; and
- Penalties for breaches of employment obligations.
The Authority also found that the employer had breached good faith obligations and failed to comply with record-keeping requirements.
Protecting Migrant Workers' Rights
This case highlights the particular vulnerability many migrant workers face when their visa status is linked to their employment.
The Employment Relations Authority found that Mr Dos Santos had been subjected to a hostile and insecure work environment before being unjustifiably dismissed.
The decision demonstrates that migrant workers have access to the same employment law protections and remedies as any other employee when their rights are breached.
