1. All Things Employment
Mark Henderson
Corcoran French
Lawyers

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

4. 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

5. 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

6. 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

7. 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

8. 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)

9. 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

10. All Things Employment
Mark Henderson
Corcoran French
Lawyers