All Things Employment Mark Henderson Corcoran French Lawyers

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Issues Trial period clauses Rest and meal break entitlements Family violence leave

Trial Period Clauses Kelly fired under trial period clause Was previously available for all employers Now only available for employers with 19 or less employees Law changed from 6 May 2019 Still valid if in agreement dated 5 May 2019 or prior Larger employers to consider probationary periods

Rest and Meal Breaks Kelly not given minimum rest or meal break entitlements No longer flexible from 6 May 2019 Timing requirements (middle of work period unless otherwise agreed) Shift duration Minimum break entitlements 2 – 4 hours One 10m paid rest break 4 – 6 hours One 30m unpaid meal break 6 – 8 hours Two 10m paid rest breaks 8+ hours Above repeats beyond 8 hours

Family Violence Leave Started 1 April 2019 Available to employees affected by family violence Physical, sexual or psychological abuse by a family member For employee or if they care for a child subject to family violence Family member is spouse, partner, family member, person in same household, close personal relationship Only available after 6 months current continuous employment Separate from annual/sick/bereavement leave

Maximum of 10 days (each year/not paid out) Employer can ask for proof Can be taken in advance of entitlement if agreed but not carried over Not paid out upon end of employment Short term flexible working arrangements up to 2 months Employer to respond asap (<10 working days) and limited grounds to refuse

Higher PG Awards: Watch out employers – Waikato District Health Board v Archibald Band approach to compensation Band 1: cases involving low level loss/damage ($0-$10k) Band 2: cases involving mid-range loss/damage ($10k-$50k) Band 3: cases involving high level loss/damage (>$50k)

To Do List Check employment agreements for trial period/probationary clauses Ensure rest and meal breaks timing agreed Be aware of family violence leave and the proper response to requests

All Things Employment Mark Henderson Corcoran French Lawyers