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Employer Direct. Your One Stop HR Shop. Employment Law and Human Resources support to ensure that your business is following lawful, good practice. Saves you money, time and stress! Employer support: Its what we do We take the headache out of HR, by providing small business owners affordable, easy-to-access resources and expert support to reduce the risk of employment issues, improve productivity and increase profitability. And all this without charging you a fortune! And if you need it, we have expert consultants on hand to ensure the best outcome in any sticky situation. COVID-19 FAQs HIRING FAQs EMPLOYER HELP FAQs EMPLOYER'S RIGHTS FAQs DISCIPLINARIES & DISMISSALS FAQs SUPPORT We believe that good HR should: Tailor solutions to your business and your needs Not cost an arm and a leg. No hidden costs here! Deliver what it promises and be there when you need it Be honest and pragmatic. You need to know if there could be issues! If this sounds like something your business would benefit from, then you should give us a call or book in a time for a no strings attached consultation. You've got nothing to lose and we guarantee you'll take away at least something to ponder! Call now Enquire Did someone say... FREE?! Because we believe that good HR shouldn't cost an arm and a leg, we're sharing some of our best resources for navigating the complexities of human resources and employment law with you... for free! Show me! Six very good reasons to team up with Employer Direct: ON DEMAND SUPPORT TRAINING & GUIDANCE EXPERT CONSULTANTS NO HIDDEN COSTS 50+ DOCUMENTS IN OUR LIBRARY TOOLS TO PREVENT ISSUES We know what we're doing and our clients agree! Honey & Royal Jelly Exporter Auckland, New Zealand "I'm so glad I didn't try handle it myself. You delivered on everything you promised."

Employer Direct Breaks Down Common Employment Law Questions about Covid 19 employer support. Frequently asked questions about employment law, payment and the wage subsidy. Covid-19 & Employment Frequently asked questions Where can I apply for the Covid-19 government support? Apply for the Wage Subsidy here. Apply for Covid-19 leave support scheme here. Apply for the Short term leave payment here How do I know if I qualify for Covid-19 government support? Review this declaration. This is what you are agreeing to when you apply for the Wage Subsidy or similar. Note, this has been updated since it was originally brought out in March 2020. Can I reduce my employees’ pay during lockdowns? Whether you are open or not, you cannot reduce an employee's pay without their agreement, if they are available to work. This includes by reducing their hours of work. Without this you should pay them as usual. Can I ask them to use holiday pay or go on unpaid leave instead? You cannot force them without their agreement. You can direct them to take annual leave but only with 14 days written notice (if they have significant leave owing). Can I shut down my businesses for a short time instead so that employees have to use holiday pay? Not really. If you were to do this, you would need to give at least 14 days notice of the start date and provide a concrete end date. This cannot be indefinite or an unreasonable amount of time. It also could be seen as unfair given that employees could not predict this happening and therefore may have no annual leave entitlements. Do I have to pay them if they need a Covid Test or are unable to work due to health concerns? Yes. This may look like sick pay or you can apply for government support under the Short Term Leave Payment or the Covid-19 leave Support Scheme Can I make my employees wear masks or get vaccinated? You can make an employee wear a mask if either the government mandates it, and or you have a policy around this and it is reasonable. You can potentially ask employees to have a vaccination but most businesses will at least need to have a policy and risk assessment of their role’s risk before doing so. Do I still have to make kiwisaver contributions, accrue their holiday pay and pay their PAYE? Yes. You are legally required to do so. General FAQs Request support Covid Documents

What rights do employers have in the employment relationship? Can you ask for medical certificates? Can you fire someone who is bad for your business? Can you monitor an employee's social media? Supporting employers and businesses to get HR right. Employer's Rights As an employer, what do I have to do? According to employment law, you must act in good faith, remain communicative and uphold the Employment Relations Act whether you are a large or small business. What documents do I have to keep? You need to keep records of pay, holiday pay and other leave entitlements. You also need to keep copies of employment agreements and amendments or changes to employment conditions. You should keep documentation of any issues, both with an employee and health and safety concerns. This is not an exhaustive list, and if you have any areas of concern then we recommend seeking advice from an employment law specialist. Why does it seem that the employee has more rights than the employer? It can sometimes seem this way! Employers have the same rights as an employee to a safe working environment and employees do need to act in good faith and remaining communicative as well. However most processes do work to guide the employer in order to protect them from grievances and making errors as they have more control over the employment relationship than an employee. Click for a FREE consultation Rights FAQs Frequently asked questions Does an employer have to give a reason for terminating under 90 day trial? You should where possible if an employee asks Can I ask an employee to leave if I'm worried about their affect on my business? It depends. This may be considered a suspension so we would recommend that you have a good reason and seek advice. What can I do if an employee treats me badly? You have the same entitlements to safety and wellbeing as your employee. You must however ensure that you act in good faith. Do I have to give a reference? No, unless you have a policy or clause that says otherwise. Can I deduct money from an employer (ie, if I overpay them)? You can only deduct legal requirements like tax and child support payments without authorisation. Everythingelse needs to have the employee's consent. Can I penalise an employee for things they do in their personal time or things they say on social media? Potentially. If an employee can be seen to be representing the business then you may be able to take action. This includes on social media. However we recommend seeking advice beforehand as this may be a fine line. Do I only have to say nice things in a reference? No, however you must be truthful. We'd recommend avoiding malicious or disparaging claims. General FAQs Request support If in doubt, seek advice. These may briefly answer some common questions. Situations can be complex and this is by no means exhaustive. We always recommend seeking advice about your specific situation.

Dismissals and disciplinaries can be tricky, so what should an employer know before attempting these? Can you suspend an employee? Can you fire someone without giving them any warnings? Employment Law advice for businesses Dismissals & Disciplinaries The importance of good process Good process is an important factor in protecting employers against grievances from treating employees unfairly. What if you know that they did it? You must still follow good process! Employment law urges employers to ensure that they genuinely consider employees feedback and do not have a predetermined outcome. Even if you have video footage, the employee may have a reasonable explanation. Is it three strikes and you're out with disciplinary actions? Not necessarily. Warnings for different types of breaches may not always be considered relevant to other disciplinary processes. Employers should be careful that they are making decisions that a reasonable and objective employer would also make to ensure that they are acting fairly. If you are not confident or experienced in carrying out a disciplinary process, then we would recommend seeking employment law support at least for the first few occasions. Is a performance improvement plan (PIP) a disciplinary action? In short, no. They may be tied together but a good faith performance improvement plan should seek to improve issues and rectify performance. The outcome should be achievable and the length of time and support or training given should be reasonable for the employee to ensure that the process is genuine. Click for a FREE consultation Frequently Asked Questions What if an employee refuses to attend a disciplinary process? Suggest rescheduling. If they genuinely continue to refuse to participate in the process, then you may be able to give them notice that you will determine the outcome without their feedback. We'd suggest getting some advice prior to doing this however. What if I need to get rid of an employee? Ask yourself why you feel this way? If this is because of misconduct then you should follow the disciplinary processes. If this is due to poor performance or not meeting company standards, then perhaps a PIP might be more appropriate. We do not recommend dismissing someone purely due to a personality clash without seeking advice! Do I need to give a verbal, written and final warning before dimissal? No. If the incident is serious misconduct or significant enough, then it may be appropriate to summarily dismiss. Do I need to follow process for a verbal warning or can I just tell them? You need to follow process for all disciplinary action, including a verbal warning. If you are providing constructive feedback or coaching, this is not the same as a verbal warning. Do I have to let an employee bring a support person to a meeting and can they speak on the employee's behalf? Yes. If I am the victim of an employee's misconduct (ie, violence or harassment) can I carry out the disciplinary process? We would not recommend this. It could be considered that there was a predetermined outcome or a lack of genuine consideration and this could result in poor process and a grievance. General FAQs Request support If in doubt, seek advice. These may briefly answer some common questions. Situations can be complex and this is by no means exhaustive. We always recommend seeking advice about your specific situation.

Employer Direct Breaks Down Common Employment Law Questions! Frequently asked questions about employment law, human resources, misconduct and more Frequently Asked Questions Seek advice Do I have to give my employees breaks? Rest breaks benefit employers by ensuring that employees are refreshed, safe and productive. Failing to provide breaks could be a health and safety issue. An employer must pay an employee for rest breaks but meal breaks may be unpaid. Legislation sets down an employee's minimum entitlement to breaks and if these cannot be agreed upon between an employee and employer, then the employer should provide breaks at regular intervals, where practicable. If it is genuinely not practicable to provide breaks you may be able to compensate employees instead, however we recommend seeking advice on this. Seek advice When is an employee 'casual'? Do they still get sick leave, public holidays and leave? A casual employee has no guaranteed hours of work, no regular pattern of work, and no ongoing expectation of employment. They can decline any shifts offered. They still receive annual leave, public holiday pay and in many cases sick leave. Their contract must state that they are casual employees. Seek advice What's the difference between an employee and a contractor? An employee works for you, a contractor is in business for themselves. A contractor is not an employee, however in some cases they may be 'dependent contractors' where they are seen to have the same rights as an employee. Seek advice An employee raised a grievance. What happens now? Depending on what the grievance relates to you may wish to attempt to resolve this informally or attend mediation. If you decline mediation, or it is unsuccessful, the employee can apply to the Employment Relations Authority (ERA). They are able to determine the outcome of their grievance. Seek advice I have a difficult employee? How do I deal with this? Can I just sack them? Depending on what makes this employee difficult, you may like to attempt to provide some feedback or invite them to a formal meeting. Whatever you do, you should always follow good process and ensure you are acting fairly and in good faith. You cannot terminate an employee without following the appropriate process. Seek advice An employee said they're being bullied? How do I know its really bullying? Bullying can be defined as 'repeated, unreasonable behaviour'. If there has been an allegation of bullying, it is important that you deal with this. One solution might be to attempt to mediate between the employees, coach the manager on their leadership style or to remove the problem by separating them. Each situation is different. If in doubt, seek advice. These may briefly answer some common questions. Situations can be complex and this is by no means exhaustive. We always recommend seeking advice about your specific situation. Click for a FREE consultation Did you know? It is estimated that the average employer who goes to the Employment Relations Authority spends $29,000 on legal representation! Employer Direct's HR Audit Think you have a good grip on human resources and that your business is compliant with employment law? Let's test that our with our free HR Audit. Request Free HR Audit

Who are we? We're a team of employment law experts, business owners and HR managers who think good advice and unlimited support shouldn't cost the earth. About Us Frustration, Stress, Distraction! We exist to handle your tough employment situations and help you focus on running your business Getting employment law right can be tough Dealing with HR and employment law can be time consuming, scary and stressful. Every day well-meaning employers are pinged with expensive personal grievances for even small mistakes. This unfortunate reality distracts employers from doing what they do best, and the worry of getting things wrong impacts their well-being. Compounding on this issue is how expensive it is getting good advice. While lawyers can be of use they are prohibitively expensive, and legal bills rack up fast. Further, while industry associations have some resources to help, more often than not their offerings on employment law and human resource matters are thin. Our team of deeply experienced employment consultants saw an opportunity to address this in New Zealand. We want employment law to work for small businesses again and this is why we founded Employer Direct. Why us? Because we're just like you! Between us, the team at Employer Direct have decades of experience in employment law, human resources, finance and business management in New Zealand. We know the struggles of running businesses because we've done it too. We take the stress out of employment and HR by providing you with: personalised, honest and pragmatic guidance for your business easy to use templates and documents on demand advice and support We are not interested in writing complex letters and dragging on proceedings. We are interested in resolving your issues and disputes quickly and effectively. We want to save you stress and let you focus on what you enjoy and are passionate about. Our team We have a range of experienced consultants and a supportive office team to make sure you're well looked after. Our approach and kaupapa are guided by our two Principals, Paul and Emma. Principal Paul Mathews Paul has worked in employment law for over a decade and has an astounding record of 100+ successful appearances in the Employment Relations Authority (ERA). His background includes a law degree, several postgraduate qualifications and managing businesses. If things become sticky, then you couldn’t be in better hands than being represented by Paul. His clients have told us that they love his tenacious but pragmatic approach to resolving their issues. Contact Paul Principal Emma Brankin Emma has worked in employment law for the past five years and has a background of human resources and business management. Her qualifications in psychology mean that she understands what makes people tick. Emma's clients appreciate her ability to understand their issues and find solutions even when it looks a little dire. Recent highlight: Resolving a vexatious personal grievance for an employer quickly and without any payments to the employee. Contact Emma

All posts Mythbusting Mondays General Personal grievances 5 ways to... Disciplinaries Employer how to Redundancy Covid 19 Employer Support Workplace issues Your questions answered Workplace bullying Search Log in / Sign up 2 min Employing Casual Workers? Beware of the risks! Employing staff under casual agreements in New Zealand can be a convenient option for many businesses but it can have risks 2 min Employer Guide to: Workplace Stress in NZ Workplace stress can be a significant concern. By implementing strategies to prevent and manage work stress effectively, New Zealand employe 2 min Employer Guide to: Wage Deductions in New Zealand Unlawful wage deductions can lead to legal troubles and damage your relationship with employees. This guide will help you navigate the rules 2 min Employer Question: What is the ERA? The Employment Relations Authority (ERA) is an independent entity in New Zealand responsible for resolving employment relationship problems, 2 min Employer Guide to Mediation #EmployerGuide In New Zealand, MBIE provides free mediation offers a powerful tool for resolving such conflicts amicably and efficiently,... 2 min Employer question: How do I use a 90 day trial safely? #yourquestionsanswered How should an employer go about employing and dismissing people on a 90 day trial? With the new government's... 1 min Employer question: What is 'gardening leave'? #yourquestionsanswered What does it mean to put an employee on gardening leave, and do they have to agree? Garden leave is when an... 1 min Employer question: What does 'good faith' mean in an employment relationship? #yourquestionsanswered How do you act in good faith, and why should you? Acting in good faith is a legislated requirement for both... 2 min Employer Guide: Paying your employees on public holidays A general guide to how to work out who to pay what on public holidays this festive season. 2 min What are some of the biggest challenges facing Kiwi employers this year? Its an election year, the cost of living is high and some industries are still reeling from Covid. What does this mean for employers?... 2 min Five ways to... ensure that your employment policies are working well #fivewaysto Strong employment policies not only protect your organization but also contribute to a fair and productive work environment.... 2 min What is pay equity and how does this impact your business? #yourquestionsanswered An employee can raise a pay equity claim with their employer if they do work that is (or was historically)... 2 min Your questions answered: How do I deal with frequent absenteeism? #yourquestionsanswered When an employee fails to turn up for work without letting you know, it can really throw a spanner in the works.... 2 min How would HR support benefit my business? Why we are the support team you need! 2 min I want to withhold my employees pay, is this legal? Even if they've crashed the work car, you should proceed carefully if you're thinking about deducting from an employee's wages. 2 min Employer Guide: What are Personal Grievances (Part 2) Personal grievance? What does that mean? What should you do if you receive one? 2 min Your questions answered: What is constructive dismissal? #yourquestionsanswered Constructive dismissal is something we get asked about frequently. so lets break it down. What is constructive... 2 min Employer Guide: What are Personal Grievances (Part 1) #employerguide What does it mean if you receive a personal grievance and what should you do? What does it mean when a grievance is... 2 min Minimum wage is going up: How to make sure your business is ready! #employerhowto The minimum wage is currently $21.20 but will increase by CPI of 7.2% at the end of the financial year. Make sure your... 2 min Mythbusting Mondays: Casual Employment Casual employment is a tricky one to get right... and some employers think it can be a good way to get around employment entitlements

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