Its an election year, the cost of living is high and some industries are still reeling from Covid. What does this mean for employers? Skills shortage: Finding qualified and skilled employees for specific roles can be a challenge. Some Kiwi employers may struggle with attracting and retaining talent due to a lack of skilled workers in certain areas. Compliance with changing employment laws: Keeping up with evolving employment laws and ensuring compliance can be demanding for employers. Staying updated with legal requirements and adapting policies accordingly can be a continuous challenge. Employee retention and engagement: Retaining top talent and keeping employees engaged is a common challenge for employers. Creating a positive work environment, offering competitive compensation and benefits, and providing opportunities for growth and development are key strategies to address this challenge. Technological advancements: Embracing new technologies and adapting to digital transformations can be a challenge for employers. Keeping up with technological changes and implementing them effectively in the workplace may require additional resources and training. Workforce diversity and inclusion: Creating a diverse and inclusive workforce is a priority for many organizations. However, achieving diversity and inclusion goals may present challenges such as overcoming biases, ensuring equal opportunities, and fostering an inclusive culture. Mental health and well-being: Supporting employee mental health and well-being is gaining more attention in the workplace. Employers may face challenges in addressing mental health issues, promoting work-life balance, and providing appropriate support systems. Economic conditions and market uncertainties: Economic fluctuations and market uncertainties can impact businesses and create challenges for employers. Adapting to changing economic conditions and making strategic decisions to ensure the stability and growth of the organization is crucial. It's important for employers to stay informed about industry-specific challenges and trends, seek professional advice when needed, and continually assess and adapt their strategies to address the evolving needs of their workforce and business environment. When it comes to employment law and human resources, we can help Kiwi employers get it right.

#fivewaysto Strong employment policies not only protect your organization but also contribute to a fair and productive work environment. In this blog post, we will explore five essential steps that will help you ensure your employment policies are as watertight as possible and aligned with the legal framework in New Zealand. 1. Stay updated with New Zealand Employment Laws: Familiarise yourself with key legislation such as the Employment Relations Act 2000, the Holidays Act 2003, and the Health and Safety at Work Act 2015. Or find someone who already is familiar with these important documents. Make sure you, or someone who understands them, regularly reviews any amendments or updates to ensure your policies comply with the latest legal requirements. 2. Customise policies to suit your business' context: Tailor your employment policies to reflect the unique needs and practices of your team. Consider industry standards, cultural factors, and any specific local regulations that may apply to your business. Customisation ensures your policies are relevant and appropriate for your workforce. 3. Clearly communicate these policies: Effective communication is vital to ensure employees understand your employment policies, and stick to them! Developing policy documents that are easy to understand and accessible to all employees helps to make this easy for you and your team. Perhaps using an employee handbook or an online portal might work for your business. 4. Consistently enforce your policies: Consistency is crucial in enforcing your employment policies. Treat all employees fairly and equally and avoid making exceptions or deviating from established policies, as this can lead to confusion and potential legal issues. By consistently enforcing your policies, you establish a culture of compliance and fairness within your business. 5. Regularly Review and Update Policies: Employment policies should be regularly reviewed and updated to ensure compliance with evolving New Zealand requirements. Stay informed about any changes in employment laws, industry practices, and societal expectations. Conduct periodic audits of your policies to identify any gaps or areas for improvement. Seek feedback from employees and consult legal professionals or HR experts to ensure your policies remain robust and aligned with New Zealand's legal landscape. In conclusion... By following these five steps you can ensure your employment policies are working well for your business and as watertight as possible. With strong and well-crafted employment policies, you can foster a positive workplace culture that supports both your employees and the overall success of your business.

#yourquestionsanswered When an employee fails to turn up for work without letting you know, it can really throw a spanner in the works. This is especially challenging if it becomes a regular occurrence. So what should you do? How can absenteeism affect your business? It can hurt the company's productivity and morale, and even cost money. It can also affect the team culture, particularly if other workers are having to pick up the slack or believe that their co-worker is not made accountable for letting the team down. What should you do to prevent absenteeism? Be clear: Make sure everyone knows the rules about attendance, including how and when to let you know if they can't make it to work. This helps avoid any misunderstandings. Encourage positivity: A positive work environment is important for good attendance. Encourage teamwork, open communication, and support among employees. Follow up: If an employee is absent without a good reason, don't just let it slide. At the very least, find out why they have been absent without letting you know and let them know what your expectations are for any future absence. Be supportive: If someone is absent a lot, there may be underlying issues that are causing them stress. By being supportive and offering help, like counseling or flexible work arrangements, you can make it easier for them to come to work. Keep track: It's important to keep track of who is absent and when, so you can see if there are any patterns or issues that need to be addressed. And when it happens despite you taking action, what should you do? At this point, a few things may happen. This may become a disciplinary issue if they are breaching their employment agreement, for instance, by not giving you notice of not working. This may become a performance issue if they are not keeping up with their workload due to excessive absence. This may result in them abandoning their employment if they have been away without letting you know for a few days (depending on your contract terms). Take care that you get advice to ensure that you are acting reasonably and in line with your contract, if you decide to go down this path.

#yourquestionsanswered There are several benefits for a business using an human resources (HR) professional, including taking some of the weight off your shoulders! 1. Most importantly, more time ... to focus on the important things in your business and in your life! Less stress, more time and quick and easy answers to complex employment law questions means more time to develop your business, focus on the things your an expert at and to spend time with your family and friends. 2. Compliance with Employment Law. Employment law is constantly evolving in New Zealand, and it can be challenging for businesses to keep up with the changes. An HR professional can help ensure that the business is complying with all relevant employment laws, such as the Holidays Act, the Minimum Wage Act, and the Employment Relations Act. 3. Recruitment and Selection An HR professional can help businesses find and hire the right employees for their needs. This includes developing job descriptions, screening resumes, interviewing candidates, and conducting background checks. 4. Training and Development An HR professional can also help develop and implement training and development programs for employees. This can help improve their skills and performance, which can lead to increased productivity and profitability. 5. Employee Relations An HR professional can also help businesses manage employee relations, including dealing with grievances and conflicts in the workplace. They can also provide advice on performance management and disciplinary actions. 6. Benefits and Compensation An HR professional can help businesses develop and implement employee benefits and compensation programs. This can help attract and retain top talent, and can also help ensure that the business is offering competitive compensation packages. So how much does this cost a business? Well it depends on who is doing your HR for you. According to data from the New Zealand Human Resources Institute (HRINZ), the average cost of HR per employee in New Zealand is around NZD $2,500 to $3,500 per year. That's a lot! How much does Employer Direct cost per year? We aim to provide cost-effective, trustworthy employment law and HR support so our plans start from $200 +GST per month, no matter how many employees you have. Want unlimited one-on-one time with our consultants? That's $4,000+GST per year, no matter how many employees.

#employerguide So now you know about the basics of a personal grievance, let's talk about why they might be raised and some scenarios. If you haven't read Part 1, we'd recommend checking this out first. An employee might raise a personal grievance in New Zealand for a variety of reasons. Here are a few examples: Unjustified dismissal This is when an employee believes that they were fired without proper justification, such as for discriminatory reasons or without following the correct disciplinary procedures. Example: Jon dropped a pallet of stock yesterday, and his supervisor told him to pick up his things and not return. Harassment This could involve verbal or physical abuse, or persistent unwanted behavior, such as bullying, racism or sexual harassment. Example: Sarah works in a restaurant and her co-worker keeps telling her that she is "too fat" to work behind the bar. Failure to follow proper employment procedures. This includes situations where an employer does not follow the correct procedures for things like redundancy or restructure, or where they do not provide the proper notice of changes to an employee's employment conditions. Example: Justin was late to work today and his boss immediately gave him a written warning. without following any process. Unpaid wages In addition to paying below minimum wage, this could include an employer withholding an employee's final pay, docking pay without agreement, or reducing an employee's pay rate without their agreement. Example: Aroha's employer keeps deducting from her pay without her consent because she scratched the work van during a delivery. It's important to note that these are just a few examples, and there are many other issues that could give rise to a personal grievance. As an employer, it's crucial to take all grievances seriously and investigate them thoroughly to find a fair and just resolution. Failure to do so may escalate a more minor niggle into an untenable situation and risk the employee feeling constructively dismissed. Want to know more about constructive dismissal? Click here

#yourquestionsanswered Constructive dismissal is something we get asked about frequently. so lets break it down. What is constructive dismissal In simple terms, constructive dismissal occurs when an employer's actions or behavior towards an employee are so bad that the employee feels they have no other choice but to quit. Basically, it could be anything unreasonable that causes the situation to become untenable for them. What does this look like? This can happen when the employer breaks the rules of the employment contract, behaves in a really bad way, or makes the workplace unbearable for the employee. Some examples of behavior that could lead to constructive dismissal are not paying employees their wages, asking them to work in dangerous conditions, or harassing or discriminating against them. Or, failing to act reasonably when they raise a concern, for instance, if they say that they are being bullied by another co-worker. But I didn't tell them to quit! If an employee can show that their employer's behavior was a major factor in their decision to quit, and that quitting was the only option they had, then they may be able to make a case. What if I didn't know? In general, the onus is on the employee to raise their concerns where possible before resigning, but if they don't do this is won't necessarily prevent them from successfully claiming that they have been constructively dismissed. So what should I do to prevent this? If an employee tells you that the situation is becoming untenable or indicates that it will be untenable if you don't address their concerns, we'd recommend looking into this to see if you can rescue the employment relationship. Sometimes this may not be possible of course, but ignoring their issues will not make things go away and risks making some grievances worse.

#employerguide What does it mean if you receive a personal grievance and what should you do? What does it mean when a grievance is raised? When an employee raises a personal grievance, it means there's an issue related to the employment. This could be because of unjustified dismissal, discrimination, harassment, or failure to follow proper employment procedures. As an employer, it's important to resolve the issue in a fair and timely manner so that it doesn't escalate. What should an employer do if they receive one? Firstly, take a deep breath before you do anything. The prospect of dealing with a grievance can be stressful and sometimes feel personal but responding in the heat of the moment is unlikely to help the situation. Then take investigate the issue (if applicable) and take advice. Do you have to respond? It's a good idea to do so to have the best chance of resolving the issue in the most cost- and time-efficient way.. Taking advice might help you decide how or if to respond and whether you want to seek a resolution. What if you can't resolve it between you? You or the employee may choose to file for mediation. Mediation is a free and voluntary process where an impartial mediator will attempt to help you come to an agreement. Mediation is confidential and 'off the record', so nothing discussed in it can be brought up again. What if mediation doesn't work? If mediation doesn't work or the parties don't attend voluntarily, the dispute may proceed to the Employment Relations Authority (ERA). At the ERA the Member, an independent third party, will make a decision on the matter. Most employers want to avoid this outcome if possible however, as it can be costly, time-consuming and is no longer confidential. To resolve a personal grievance, it's crucial for employers to follow fair and reasonable procedures and act in good faith. If they don't, it could lead to further legal action and harm their reputation. That's why it's recommended for employers to seek legal advice and support throughout the process. Want to know why grievances might be raised? Check out part 2 here.

#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 business is prepared! What will the adult minimum wage be? The minimum wage will rise by $1.50 per hour to $22.70. Other types of minimum wages These are paid at 80% of the adult minimum wage but have requirements. The starting out minimum wage. This can be used for those 16-19 years old the first six months of their employment only. After six months or if they are training or supervising others, they must be paid the adult minimum wage. The training minimum wage. This can be used for those 20 and over who are doing at least 60 credits of external training in their field per year. This does not apply if they are being trained at work rather than in an approved training programme or if they are no longer completing 60 credits. When does this increase happen? The minimum wage goes up at the start of the new financial year on April 1st 2023. What must employers do? Before the new financial year, work out how many, if any, of your employees are being paid under $22.70 per hour. They will all need to increase to at least the new minimum wage on April 1st. Good record keeping is important, and we recommend a variation to their employment agreement to reflect this. What if you don't pay minimum wage? This would be a breach of employment law and could result in backpay, compensation and penalties which could amount to tens of thousands in the worst case scenario. That's a big risk for for a $1.50 per hour! What about other employees? In addition, we recommend reviewing all your employees' pay rates to check that you are accurately reflecting their current role and duties paying in line with others in the industry rewarding those who are contributing the most to your business Why is this important? While its not a legal requirement, it is important for morale, low attrition rates and a culture of motivated and engaged employees. Remember, any changes don't just have to be monetary. Bonuses and work perks can be just as well received as a higher pay rate if they are meaningful to your employees.

#mythbusting Some employers think that casual employment is an easy way to have flexible staff and avoid paying out sick leave and other entitlements. Unfortunately, it's not that simple! What is genuine casual employment? Genuine casual employees do not have a pattern of work or an ongoing expectation of work. Each time they accept work, whether that is for a shift or a week of shifts, it is considered a new engagement. Employers don't have to offer any work, and employees don't have to accept it if they do. What entitlements do they get? Always: Minimum wage 8% annual leave paid as they go Kiwisaver Time and a half for public holidays (and a day in lieu for public holidays if it's an otherwise working day) If they have worked for the you for six months for an average of 10 hours per week, and at least one hour in every week or 40 hours in every month: Sick pay Bereavement leave Domestic violence leave When is it not genuine casual employment? If an employee has a pattern of work, ie, works every Friday or 5-10 hours every week, they may not be genuine casuals. What happens if you get it wrong? If an employee isn't a genuine casual, they may be able to raise a grievance and you may need to repay them an entitlements that you have not given them. This can include paying their annual leave in a lump sum, even if you paid 8% as they go. This is even the case if they have a casual contract. If you stop giving them work or dismiss them without following a good process and they were not genuinely casual, then they may be able to seek compensation or reinstatement. In a nutshell... Its better to err on the side of caution and keep an eye on the work patterns of any casual employees as you go. If in doubt, seek advice.

#5ways Empowering employees is a crucial aspect of building a successful and productive workforce! When employees feel empowered, they are more engaged, motivated, and committed to their work. This, in turn, leads to increased productivity, better customer service, and improved overall performance! 1. Autonomy No one likes being micromanaged, and no employer has time to watch over every step of every process. One of the key ways to empower employees is to give them autonomy and trust. This means allowing them to make decisions and take ownership of their work and in return, you'll probably find that they feel empowered to go above and beyond. 2. Give them the tools they need Another important aspect of empowering employees is providing them with the necessary resources, training, and support to do their job effectively. It can be hard to feel empowered if you don't have what you need to do your best. This includes access to the relevant technology, ongoing professional development, but most importantly the time and staffing levels that allow them to achieve. 3. Communicate with them Communication is also a key element in empowering employees. Regular, open, and honest communication helps to build trust and create a positive work environment that empowers your team. Knowing what your business goals are and how they can contribute can make for an engaged and motivated workforce. 4. Listen to their initiatives They're on the ground day to day, so they know your business in a way that you might not. Employees that know that they will be listened to are more likely to think creatively, come up with new ideas, and take initiative which might mean a better way of doing things, new products or even just less time giving direction. 5. Recognise and reward them Finally, recognizing and rewarding employees for their contributions is an important way to empower them. Acknowledging their hard work, celebrating their achievements, and providing opportunities for growth are all key to an empowered, focused team. Even something as simple as a quick, sincere congratulations could make all the difference