1. Employment Law
Julie Hardaker

2. Employment Law Framework
statutes + employment agreement terms + implied terms + case law

3. Legislation Affecting Employment Relationships
Employment Relations Act 2000
Employment Relations (Flexible Working Hours) Amendment
Employment Relations (Breaks and Infant Feeding) Amendment Act
Holidays Act 2003 (+ ANZAC Day Act and Waitangi Day Act)
Health & Safety in Employment Act 1992
Minimum Wage Act 1983
Minimum Wage (New Entrants) Amendment Act – 1 April 2008
Wages Protection Act 1983
Parental Leave & Employment Protection Act 1991
Privacy Act 1993
Human Rights Act 1993
Injury Prevention Rehabilitation and Compensation Act 2001
Equal Pay Act 1972
Bills of Rights Act 1973
Electronic Transactions Act 2002
Volunteers Employment Protection Act 1973
Protected Disclosures Act 2000
Disabled Persons Employment Promotion Act 1960
KiwiSaver Act 2006
Shop Trading Hours Repeal Act 1990.
Industry Training Act & Modern Apprenticeship Training Act 2000
Trade Unions Act 1908
State Sector Act 1988
Police Act 1958
Education Act 1989
Act – 1 July 2008
Smoke-free Environments Act 1990
Criminal Records (Clean Slate) Act 2004

4. Common Law Case Law Implied Terms
Employee’s duty of fidelity, good faith and honesty
Mutual duty of trust and co-operation
Employer’s duty to provide work , provide equipment and pay wages
Employer’s duty to provide safe workplace
Employee’s duty of personal service
Employee’s duty of obedience
Employee’s duty of reasonable competence
Employee’s duty of indemnification
Employer’s duty to indemnity
Employee’s duty of reasonable behaviour
No duty on employer to give character reference
Case Law

5. Minimum Code
Pay wages without deduction unless authorised by law/by consent
Paid at least the minimum wage ($12.75 per hour)
Equal pay for same job
4 weeks paid holidays per year or 8%
11 paid public holidays per year
5 days paid sick leave per year (accrue to 20 days)

6. Minimum Code 3 days paid bereavement on each occasion
Paid T1.5 for work on public holidays
14 weeks government paid maternity leave ($ per week)
Provide unpaid parental leave up to 52 weeks and hold job open (unless key position)
Provide unpaid leave for voluntary service/training in the Armed Forces

7. Employment Relations Act
Applies to all employment relationships/provides the rules that relationship must operated under
Defines employment relationship
Cannot opt out
Good faith defined
Rules about unions/collective bargaining/strikes
Employment agreements
Trial Periods
Employment problems and personal grievances/resolution processes/compensation
Establishes specialist judicial bodies
Penalties
Restructuring
Powers of Labour Inspectors

8. Employment Relations Act
Both parties must act in good faith
wider than trust and confidence
requires parties to be active and constructive in establishing and maintain productive employment relationship
responsive and communicative
Must recognise unions, allow access/collective bargaining if union initiates
Must have written individual employment agreements containing certain terms
Restructure
If vulnerable – transfer at employees option on same terms
If other – process to preserve job

9. Employment Relations Act
Personal grievances
Unjustified dismissal
Unjustified disadvantage
Discrimination
Sexual/racial harassment
Duress relating to union membership
Reasons and process
Justified = are employer’s actions what a fair and reasonable employer would have done
Remedies
Reinstatement
Loss of wages/benefits
Humiliation, injury to feelings
Costs

10. Health & Safety
Take all practicable steps to provide safe and healthy workplace
Eliminate, isolate, minimise hazards (can include person’s behaviour/stress/person affected by drugs)
Must report accidents (injury or could have, illness (physical/mental), death) to OSH within 7 days
Criminal prosecution/fines/strict liability
No insurance permitted

11. Employment Issues Facing SMEs
Knowledge about legal requirements
Compliance costs
Rigid legal framework of rules and processes
Protecting IP and “my business”
Employees don’t work out/don’t fit
Fear of personal grievance
affects profit/growth/health/happiness

12. Addressing Issues Probation periods/trial periods
Fixed term or casual arrangements
Protect confidential information
Ownership of IP
Restraint of trade
Flexibility
Creative leave (birthday/work life days)
Creative pay (perf pay bonus/shares)

13. Management Techniques
Be there
Create the right culture
Consult/collaboration
Engage employees – individually & team
Reward – cash alone doesn’t work
Embrace change
Get in early if there is a problem and managing that problem
Have processes and systems

14. Recruitment – pitfalls
What job do I need done?
What about fit?
“Can do” Kiwi style
Interviews
What can I ask?
What should I ask?
References – checking, asking the right questions
Human Rights Act

15. Useful Tips Get some help from the start Work together
Culture is important
Protect your ideas and your asset
Act early when there is a problem
Grow your support as your business grows