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Managing in Tough Times
The Risks of Getting it Wrong
There are strict requirements regarding consultation, providing relevant information and potential redeployment options before an employer can reach a decision to disestablish positions. It’s not rocket science, but it is reasonably intricate.
If the process is found to be flawed and the outcome predetermined, employers face the risk of a personal grievance (PG) claim for unfair or unjustified dismissal.
The financial risks of a PG are significant. If a claim is successful, the cost includes a minimum of three months pay, compensation for hurt and humiliation and representation costs, let alone the value of time spent by the employer.
Election News and more
Now is a prudent time to update you all that as an employer you must give your employees time off to vote in the general (parliamentary) election on polling day (Saturday 14 October) if:
they are (or are qualified to be) registered as an elector of the district where the election is, and
they haven’t had a reasonable opportunity to vote before starting work.
The amount of time an employee can have off to vote depends on whether they are required for essential work or services.
Unless your employees are in essential service that have to work after 3pm, you must allow them to leave work no later than 3pm, for the rest of the day without deductions from their pay.
If they don’t have to work after 3pm on the polling day for essential work or services, you must allow your employees reasonable time to get to vote, therefore 3pm is the latest for the rest of the day without deductions from their pay for this time off work.
If they are required to work for essential work or services after 3pm on the polling day you must allow them to leave work for a reasonable time to vote. You can’t make any deductions from their pay for time up to 2 hours that they spend off work.
If you do not comply to these regulations, you could be fined $1000 per employee.
If you have any questions on how this might relate to you, do not hesitate to get in touch.
Timeframe for raising a Personal Grievance relating to Sexual Harassment has been extended
Effective from 13 June 2023, the Employment Relations Act now provides an extended timeframe for employees to raise a personal grievance relating to sexual harassment.
The legislation now grants employees a 12-month timeframe to raise a personal grievance relating to allegations of sexual harassment.
Reserve Bank Predictions 2023
Last week Reserve Bank Governor Orr predicted a very difficult year ahead. Recession in 2023 and minimal growth in the first half of 2024. Despite the inflationary pressure, low unemployment figures have been heralded by the government as an indicator that New Zealand is in reasonable shape. Adrian Orr’s message changed that with unemployment – currently 3.3% - predicted to rise to 5.7% in 2025.
COVID-19 Update - Alert Level Changes & Vaccines and Employment
Vaccine Certificates
Little information has been released about vaccination certificates and how this system will work when close contact businesses such as hairdressers and hospitality can reopen under the traffic light system.
What we do know is that businesses which are considered to be ‘high risk’ will be required to use the vaccine certificate system, and while the system will be optional for some other businesses, it will not be available for every business.
COVID-19 Update - Alert Levels & Vaccinations
After a total of 49 days in lockdown in Auckland, the COVID-19 elimination strategy looks to be all but abandoned.
COVID-19 Update - Wage Subsidy Declaration
Set out below is the Declaration which forms part of the COVID-19 Wage Subsidy. It is taken directly form the MSD website, however please use the Declaration posted on the website (link below) to ensure if any amendments are made, you are using the most up to date version.
Fair Pay Agreements - what they mean for New Zealand Employers
Working its way through Parliament, bearing the innocuous title of the Fair Pay Agreements Bill is legislation set to change the way employers and employees agree terms of employment in New Zealand.
In reality it is a return to compulsory sector wide bargaining where parties who negotiate terms may have little or no connection with employers and employees who are affected.
