Category: legislation

steps of a disciplinary process

25th February 2023

volunteer vs employeeWe all know HR can be a real minefield if you’re not sure of the correct process to follow when you suspect an employee is up to no good.

It isn’t clearly documented in legislation, but case law has given us a great framework that should be applied whenever a disciplinary matter rears its head.

Below we have outlined the main steps of a disciplinary process:

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Posted in disciplinary process, legislation |

restraint of trade – learnings from the Tova O’Brien case

26th February 2022

Tova O’Brien argued her new role as a radio show host captured a substantively different audience to her work as a political editor and therefore would not be ‘competition’ for the purposes of her restraint of trade.

Her old employer, Discovery, argued her new role appealed to a significant portion of their target market, namely the younger generation of consumers who appear to switch between breakfast radio and TV media based on their preference of hosts.

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Posted in legislation |

how to alter an employee’s hours of work if you need to

12th April 2020

No great business is static.

Great businesses have to continuously evolve in response to the changing external market, competitor landscape, internal pressures, and of course, the effect of global pandemics.  For many businesses, the fallout from COVID-19 will be significant and it could be 12-18 months before workflow returns to “normal”.  That is likely to mean that what worked before doesn’t work anymore, and you’re forced to revisit employees’ working conditions, and make changes.

So if this is the boat you’re in, how do you do it?

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Posted in legislation |

flexible working arrangements

27th June 2019

The traditional working week of Monday – Friday, 9am – 5pm is slowly becoming a thing of the past as more and more businesses embrace flexible working arrangements.Flexible Working

There are huge benefits to be gained from providing a work environment that allows employees to take ownership of when and how they are most productive.  It is an acknowledgement that work is only one aspect of people’s lives and often there’s a need to accommodate family commitments, hobbies or study too.

The key to making sure flexible working arrangements work effectively is regular communication and agreeing quantifiable outcomes.  The focus becomes on output, rather than input.

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Posted in flexible working, legislation |

availability provision

26th May 2019

A couple of years ago, an availability provision came into law, but there was a grace period to allow employers to comply and up until recently, we’ve really only seen action taken against employers that have zero hour contracts.  This was often in the food service sector where they don’t guarantee any hours  at all, but want employees to be ready and waiting just incase they need to call them in.  This is now illegal.

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Posted in legislation |

probationary periods

24th April 2019

volunteer vs employeeWith the changes to the 90 day trial period coming into effect on 6th May, conversations have resurfaced about the effectiveness of using probationary periods as an alternative.

Certainly, there is merit in using them but it should be done with caution.

The intent of a probationary period is to assess an employee’s skill set for a particular position – this means that (unlike the 90 day trial period), it can be used for an ex-employee coming back into the organisation or for a current employee moving into a new role.

However, there are some things to keep in mind regarding a probationary period:

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Posted in employment agreements, legislation, trial periods |

proof of sickness

24th March 2019

Amongst HR professionals, there is often discussion about how easily employees can get medical certificates when they are requested (usually after 3 days of absence).

However, if you have an employee who is delaying producing the medical certificate when requested (or totally unable to provide one), you have two courses of action to take.

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Posted in legislation, sick leave |

domestic violence leave

22nd March 2019

On 1st April the new Domestic Violence –  Victim’s Protection Bill comes into effect.  This piece of legislation entitles employees affected by domestic violence to up to 10 days of paid domestic violence leave per year, in order to deal with the effects of domestic violence.

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Posted in legislation |

managing workplace stress

30th September 2018

Workplace stress is a tricky thing to manage, and unfortunately it seems to be on the rise for many businesses.workplace stress

There is no legal entitlement for stress leave from work and NZ employment law doesn’t provide an exact definition of stress leave, so it is a bit of a grey area which compounds the challenge of dealing with it.

The lack of legislation means that if an employee feels they need time-off to recover from work-related stress, the leave options are largely up for negotiation between employer and employee, unless the stress is causing illness, in which case sick leave could be taken.

We really need to look at the Health & Safety At Work Act 2015 for guidance on dealing with workplace stress, as this piece of legislation classifies it as a hazard, and therefore provides the framework to guide us.  This means employers have an obligation to monitor, identify and manage workplace stress just as with other hazards.

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Posted in legislation, workplace stress |

paying employees for work-related activity

29th June 2018

The Employment Court recently overturned a 2016 ERA decision, forcing Smiths City to recompensate hundreds of staff for unpaid work meetings to the tune of $1.5M.

The retail chain expected staff to turn up at 8.45am – 15 minutes prior to the official start of their 9:00am shift – for daily sales meetings.  Smiths City argued the meetings were unpaid because they varied from store to store, and attendance was not compulsory, but Judge Inglis viewed it differently.  She said the meetings were conducted according to a standardised template provided by the company, and although the meetings had an informal tone, the workers were expected to attend and therefore it constituted a work activity and they should be remunerated for them.

The ruling went on to focus on the fact that many of those affected employees were minimum wage earners, who would therefore drop below the minimum wage threshold once the additional time had been taken into account.

It’s a slightly confusing concept to get your head around, but is easier to understand with an example.

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Posted in legislation |

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