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The COVID-19 vaccine rollout, NZ’s largest ever vaccination programme, started in February this year. The government has purchased enough vaccine for everyone, with a focus on ensuring early access to people most at risk of contracting or being exposed to the virus first. COVID-19 vaccinations are free and available to everyone in New Zealand aged 16 and over.

Start the conversations now

To help encourage your team to get vaccinated, start talking to them early, even if they’re in Group 4 with vaccination scheduled mid-year (around July). Be open to discussing it, but be mindful of privacy.

Getting the right information matters. There is a lot of incorrect information about COVID-19 vaccine on social media and other places. Direct your employees to the right places to ensure they can get accurate and trusted information to help their decision making.

They can get factual information from:

Ministry of Health or by calling Healthline on 0800 3585453.

Do workers have to get vaccinated?

The short answer is NO. The COVID-19 vaccination is available to all New Zealanders but it is not mandatory. You cannot force someone to get vaccinated. You can make it as easy as possible for them to get vaccinated eg; you may provide them paid time off to get vaccinated.

If you think particular work needs to be done only by vaccinated workers, on health and safety grounds, you must do a COVID-19 exposure risk assessment. This assessment needs to be done in collaboration with workers, unions and other representatives.

Visit the WorkSafe website for more detailed guidance on Risk Assessments.

It is important to note, Employers who maybe considering this to seek legal advise immediately before pursuing this option.

Employers need to be aware that existing employment law obligations still apply. This includes:

• making changes to terms and conditions of employment by agreement
• engaging in consultation in good faith
• avoiding unlawful discrimination against workers on the basis of vaccination status, and
• not taking actions which might unjustifiably disadvantage workers on the basis of vaccination status.

Privacy

Employers have an obligation to protect Employees’ privacy. You can’t share information about their vaccination status with anyone, unless you have their permission to do so.

Your workers don’t have to tell you if they’ve been vaccinated. If they choose not to get vaccinated, they don’t have to tell you why.

If a worker in a role that needs to be done only by a vaccinated worker doesn’t disclose their vaccination status, you can treat them as unvaccinated, but you’ll have to tell them that’s what you’re doing.

The team at Lane Neave Lawyers are working hard and fast to ensure employers have a broad understanding of processes to follow while continuing to navigate Covid-19.

This is a great tool to be able to understand the wider obligations as Employers.

As always the team at Lane Neave like myself are all on deck and ready to assist with some of the curly questions and working through your current business situations.

As we continue on the Covid path assessing daily and weekly how our business are impacted .. it’s important to remember to act in Good Faith and what this means for us as an Employer.

What does your proposal need to include ?

What does the process look like?

Selection Criteria if it’s more than 1 role you are looking to restructure

Who’s involved?

How long will it take?

We’re here to help to guide you through the process when assessing potential restructures.

Simply get in touch for a confidential discussion.
maree@mjuddconsulting.co.nz

It’s that time again when we need to be considering our budgets to ensure we meet the new Minimum wage by 01 April 2020. Last year (2019) we had an increase to $17.70 per hour and this year that will increase to $18.90 per hour.

This is inline to meet the Governments target of $20.00 per hour by 1 April 2021.

For further information, visit http://www.mbie.govt.nz

Trusted Employment Lawyers Lane Neave with offices around the country are now headed around to outline some of the changes ahead in Employment.

Click on the link below to find out more .. well worth it !! I love these workshops, they add so much value!

https://www.laneneave.co.nz/employment-law-seminar-series/

https://www.laneneave.co.nz/employment-law-seminar-series/

The festive season is now upon us … time to start celebrating with our nearest and dearest, including of course our team mates.  

This is the time of year, where we get to kick back, relax over a few drinks and celebrate the year that’s been.

I’m often reminded of some curly ones I’ve had over the years that have resulted in Christmas events gone wrong.  Usually, our intention is always to put on a great time or event.  Sometimes however, things can go a bit pear shaped!  A number of factors I have seen have an affect on this.

1. Alcohol – no one in charge of how much alcohol is at an event or if anyone appears to have maybe had “a few too many”. This can result in a number of issues, but more often than not, inappropriate behaviour or comments being made to others.
2. It’s an event that doesn’t suit the entire team, leaves people feeling like they don’t want to attend, or worse still really uncomfortable and not included.

Even these couple of examples can have the potential to cause problems for the Employer post the event.  Such issues as alleged harassment or Health & Safety issues.

This is a good time to reflect and remind ourselves if you are about to embark on your end of year “work do”, seek out suggestions, perhaps put a small team together to organise the event so you can manage things such as alcohol consumption and such likes. 

Ultimately, this is time to share in the festivities and successes with your entire team.

To that end, I would like to wish you all a very Merry Christmas and hope you are able to enjoy a very relaxed season full of sunshine and fun times ahead.  Stay and travel safe and enjoy a wonderful festive break.

A good refresher to make sure those of you employing “Casual Employees” are clear with the terms of a Casual Agreement and when it changes to be a Permanent Part-time Working relationship.

See the difference between ‘casual employees’ and ‘part-time employees’: https://bit.ly/2n7Mvkd …See More

Source: Employment NZ

During the January – June period of this year, MBIE have updated their award compensations given for PG’s, and compensation payments including Humiliation, Injury to employee feelings and loss of dignity.

Important to note, that although there has been a reduction for the same period last year of 8%, there has been an increase to the high level of payments for the same period. An interesting update, and one business owners need to take stock of when dealing with employee grievances and following a full and fair process!

https://www.employment.govt.nz/about/employment-law/compensation-and-cost-award-tables/compensation-personal-grievance-jan-jun-2019/

The maximum weekly rate of parental leave payments will increase today from $564.38 per week to $585.80 per week before tax.

The minimum rate for self-employed individuals will increase to $177.00 per week, which is equal to 10 hours of adult the minimum wage.

Government-funded paid parental leave is intended to support expectant and new parents during some of the first months of their babies’ lives.

Each year, the parental leave payment is adjusted to reflect the rise in the average wage.

Paid parental leave is currently 22 weeks and will increase to 26 weeks from 1 July 2020.

www.Employment.govt.nz

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