The Employment Relations Amendment Act 2018 introduced a number of employment law changes that aim to improve fairness in the workplace and deliver decent work conditions and fair wages.
The Act gives more protections for employees, especially vulnerable workers, and strengthens collective bargaining and union rights in the workplace. Many of the changes are familiar to employers, as they roll the law back to how it was as recently as 2015.
Set rest and meal breaks
Employees must be given set rest and meal breaks based on the number of hours worked, to help them work safely and productively. Employers must pay for minimum rest breaks but don’t have to pay for minimum meal breaks. Employers and employees can agree when the breaks can be taken. If they cannot agree, the law will require the breaks to be taken at set times, so long as it’s reasonable and practicable to do so. Some limited exemptions may apply for some workers in specified essential services or national security services.
Trial periods
90-day trial periods are restricted to businesses with 19 or fewer employees, to restore protections from unjustified dismissal for most employees when they start a new job.
Businesses with 20 or more employees can continue to use probationary periods to assess an employee’s skills against the role’s responsibilities. A probationary period lays out a fair process for managing performance issues and ending employment if the issues aren’t resolved.
Reinstatement for unfairly dismissed employees
If requested, reinstatement must be the first course of action considered by the Employment Relations Authority) for employees who have found to be unfairly dismissed. Reinstatement means the employee gets their previous job back.
The Employment Relations Authority will still assess whether reinstatement is practicable and reasonable for both parties.
Vulnerable industry employees
Employees in the specified vulnerable industries such as cleaning and catering services will be able to transfer their current contract terms and conditions, regardless of the size of their employer. Changes also include a longer notice period for employees to choose to transfer to the new employer.
New categories of employees may apply to receive the protections under the specified ‘vulnerable workers’.
Changes for collective bargaining, collective agreement and unions
For full detailed understanding of the changes to Bargaining please visit www.Employment.govt.nz or www.mbie.govt.nz
M Judd Consulting 