for the position offered. Therefore, it may be
beneficial to check an applicant’s criminal record.
To obtain a copy of the records you will need to
apply to the Ministry of Justice. The relevant form
can be downloaded online, or obtained from your
local District Court. You will need the applicant’s
written consent as he or she will need to fill in
some parts of the form. You should be aware that
the applicant may be protected under the clean
slate legislation.
In general, this means an applicant’s criminal
record will not include any minor convictions from
the past seven years or older if they did not result
in a prison sentence. The protected applicant
is entitled to say that they have no previous
convictions.
4. CAN I CARRY OUT PREEMPLOYMENT
Employee issues?
We are here to help. Our expert Employment Relations Consultants
can work alongside you in your business to handle
difficult issues including:
▶ Employment agreements & Recruitment
▶ Workplace investigations
▶ Performance management
▶ Policies and procedures
▶ Union issues
▶ Restructuring
Call us on 0800 300 362
or visit ema.co.nz
REN212
MEDICAL
EXAMINATIONS MAKE AN
OFFER CONDITIONAL ON
THE APPLICANT PASSING A
PRE-EMPLOYMENT MEDICAL
EXAMINATION?
As a general rule, there are few pre-employment
situations where it is necessary to require an
applicant to pass a medical examination, as they
are seen as discriminatory.
You should only consider making an offer
conditional on a medical examination where the
work is physically and/or mentally demanding,
the applicant has a health issue which could
affect their ability to perform the role, or where
it is required by statute, for example Police, Fire
Service, and the armed services.
5. DO APPLICANTS NEED TO
DISCLOSE WHETHER THEY ARE
ENTITLED TO WORK IN NEW
ZEALAND?
As an employer, you have an obligation under the
Immigration Act 2009 to check if an applicant
has the legal right to work in New Zealand. The
onus and obligation is on you as the employer. It
is an offence under the Act for you to knowingly
employ, or allow the continued employment of
anyone who is not entitled to work in New Zealand.
Offences by employers under the Act carry hefty
penalties, and it is no defence to say you did not
know that the person was not legally entitled
to work, if you did not take reasonable steps to
check their work entitlements. You should require
proof of legal entitlement to work from applicants.
This could be a passport, birth certificate, or a
visa. You can also check work entitlements using
an online system provided by immigration New
Zealand, called Visa View.
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