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February 14, 2012
by legal
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Employment Law Essentials Workshop 2012

Employment Law Essentials Workshop 2012

The workshop offers a complete and practical overview of current employment law from the commencement to the finish of the employment relationship. My alternative title for this course is “Its so easy to fall in love, but breaking up is hard to do!”

The workshop is designed for employers, managers, and HR practitioners, and aims to translate employment law obligations into easy to understand information which can be applied in the workplace. In particular it focuses on those situations when the employment relationship is coming to an end and how that can be effectively managed, while successfully navigating employment law obligations.

There are two dates to choose from. Numbers are limited. Lunch and materials (which include very useful checklists) will be provided. See the registration form and the course outline on the “News and Events” section on our website.

As an alternative, I can also deliver the session in-house (either one to one, or to a group) at a negotiated fee. Please feel free to give me a call to discuss.

Cheers

Madeleine

Employment Law Essentials Workshop 2012

Registration Form Employment Law Essentials 2012

 

November 21, 2011
by legal
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ELECTION 2011

Employment Relations Policies at a Glance

With the general election drawing close, we believe it is timely to examine the differing employment law policies of the two major political parties, with the aim of highlighting the implications for businesses and employers.

The National Party

  • The introduction of a Starting –Out Wage set at 80% of the minimum wage, which will apply to certain youth in their first 6 months of employment, and to those training in a recognised industry training course
  • Extending the right to request flexible working arrangements to all employees, without invoking a formal process.
  • Changes to collective bargaining which include:

- Removing the “requirement to conclude” collective bargaining.

- Removing  the requirement that non-union members are employed under a collective for their first 30 days.

- Allowing employers to opt out of negotiations for a multi- employer collective agreement.

- The ability to apply partial pay reductions for partial strikes or situations of low level industrial action.

  • Review of constructive dismissal and how allegations of constructive dismissal can be better managed.

The Labour Party

  • Introduction of Industry Standard Agreements, which would set minimum pay and conditions in a defined “industry”.
  • A Workplace Commissioner in the Employment Relations Authority to agree appropriate industry standards.
  • $15 per hour minimum wage.
  • Repealing the 90-day trail period, the “Hobbit Law”  and restrictions on union access.
  • Amending the Holidays Act to ensure 11 days of public holidays each year, regardless of them falling on a weekend.
  • Restoring reinstatement as the primary remedy when an employee has been unjustifiably dismissed.
  • Strengthening of the ability to collectively bargain for a MECA.
  • Extending parental leave.
  • Changes to the current law regarding restructuring, including introducing the right to strike and statutory notice and compensation.

 

Bonuses and holiday pay

Question:

Should annual bonuses and other incentive payments be taken into account when calculating holiday pay?

The Law:

The Holidays Act states that annual holiday pay should be calculated on whichever is the highest figure of either  the ordinary weekly pay or the employees average weekly earnings for the year.

Ordinary weekly pay includes  productivity or incentive based payments that are a regular part of an employees pay but does not include  “one off” or exceptional payments or discretionary payments that the employer is not bound to pay the employee.

Average weekly earnings are calculated by averaging the gross annual earnings and the “gross earnings” includes all payments the employer is contractually bound to pay and expressly includes productivity or incentive payments, including commission.

The Answer:

The short answer is yes, if it is a payment which is a contractual entitlement.

 

Employment Law Essentials Workshops in the New Year

I plan to run a number of one day workshops in February and March 2012 covering Employment Law Essentials.

The workshop is perfect for new managers or as a refresher.  Numbers will be strictly limited to 10 and full information on the workshop will be forthcoming. The cost will be $325 plus GST for the day and includes lunch and materials.

Contact me in the meantime if you are interested and would like to ensure a spot.

 

September 1, 2011
by hr
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Post Earthquake Recruitment & Job Market Trends

The recent earthquakes in Canterbury have posed all Cantabrians with a wide array of challenges. These challenges range from coping with the initial shock, devastation and loss to the subsequent disturbances to everyday life such as aftershocks, manoeuvring vehicles on our warped roads, disruption to essential services and the on-going psychological effects of living with a sense of  uncertainty and fear.

These recent events, compounded by the current financial climate have invoked Cantabrian’s characteristic resilience and strong sense of community, however, at the same time they have obligated us to re-examine or question previously held attitudes and the old motto ‘she’ll be right’, forcing us to plan ahead and come up with contingencies as we rebuild our city.

In these times of uncertainty, with many affected by the global economic downturn and instability in the markets, it was widely expected that there would be a significant fall in local employment as a result of the earthquakes. Recent evidence suggests, however, that this fall was much less than anticipated and there is some cause for optimism.

The most recent Household Labour Force Survey results show that in the last year to June, there was a modest fall in local employment (from 336,900 people to 324,600 people), a rise in unemployment (from 16,800 people to 19,800 people) and a fall in labour force participation (from 69.3% to 67.9%) in the same period. While on the surface these numbers may cause some concern, one must temper expectations to account for the far reaching consequences of the Canterbury earthquakes. Also, in comparison with national averages, Canterbury performs favourably in terms of having higher labour participation and employment rates, and lower unemployment rates.

One of New Zealand’s foremost internet job boards – Seek – recently announced in a media release that the number of new jobs advertised on seek had increased 21% nationwide, from January to July 2011. Seek General Manager Janet Faulding commented that “it is particularly good to see Canterbury forging ahead in terms of growth with 34% more jobs advertised in July, than in January this year”.

Jobs online includes both Seek and the other main internet job board – TradeMe – in their measurement of changes in job ads, and while the results are not as stark, they also conclude that vacancy growth is strongest in Canterbury. Fittingly, construction and engineering were the industries showing the strongest increase, up by around 25%.

The report showed that skilled vacancies were up by 12.6% between February and May 2011 and a staggering 46.5% from a year ago. Other areas showing a considerable increase in Canterbury are accounting, HR, legal, administration and IT.

This growth should be a cause for considerable optimism, especially for skilled job-seekers. It does however highlight a growing skills gap, with skilled labour becoming increasingly hard to find and the situation intensifying as economic growth accelerates. This problem has significant implications for businesses in both the attraction of quality candidates and retention of highly-valued staff. While this issue is not limited to the Canterbury region, it is an area of heightened concern and is likely to have a stronger impact due to the difficulty of attracting people to our region, and current outgoing migration trends.

Whether you are an employer, employee or seeking new roles, it makes sense to evaluate where you are now, determine where you want to go in the future and develop an appropriate contingency plan/strategy. Planning ahead now can only better prepare you for what the future may bring , not only helping you survive but potentially thrive in this ever-changing environment.

For employers, this may mean developing an attraction/retention strategy as a source for sustained competitive advantage.

For employees, this may involve confronting difficult questions such as “what will I do if my workplace is damaged beyond repair” and identifying potential opportunities or areas for development.

For job seekers, this is an opportunity to take the next step in your career and further your own personal development.

While Cantabrians have already displayed remarkable resilience, overcoming numerous challenges and day-to-day obstacles, it is no time to rest on our laurels.

As we begin the re-building of our city, now is the time both individually and collectively to take stock of where we are at, where we want to go, and how we are going to get there.

 

 

July 31, 2011
by legal
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Recent case has serious implications for employers

Court takes broad view on an employers obligation to provide relevant information

A recent Employment Court case: Massey University v Wrigley has taken a generous view of the obligation to provide “relevant” information under Section 4 of the good faith provisions in the Employment Relations Act 2000 (the Act).

Section 4 (1A)c of the Act requires that:
An employer who is proposing to make a decision that will or is likely to have an adverse effect on the continuation of employment, to provide the employees affected with access to information, relevant to the continuation of the employees employment about the decision, and an opportunity to comment on the information to their employer before the decision is made.

The case involved a restructure at a University where existing employees who did the same job had to apply for a reduced number of positions. The University undertook a “contestable reconfirmation process” which was essentially a selection process to decide who would be retained. In the course of that process some employees requested information relating to themselves and to other employees involved in the process. This raised questions about the relationship between the rights and obligations of the parties under s4 of the Act, as well as privacy rights and obligations.
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July 29, 2011
by legal
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Employment Law Changes Are Here

Changes to the Holidays Act 2003 and the Employment Relations Act 2000 have now been passed by Parliament. A wide range of legislative amendments have been introduced , with most of the changes coming into effect on 1 April 2011.
The main changes to the Employment Relations Act 2000 include:

Extending 90 day trial periods to all employers

  • Changes to personal grievance provisions, by changing the test for justification
  • New rules around Union access to the workplace
  • Clarification around employer communication with employee’s during bargaining
  • Changes to mediation and Authority processes
  • Strict requirements regarding retaining copies of employment agreements

The main changes to the Holidays Act 2003 include:

  • The ability for employees to cash in a maximum of one week of annual holidays
  • Introducing the formula of “average daily pay”
  • Medical certificate requirements