It's #MythbustingMonday so we're clearing up this employment myth about what casual employment really looks like. And yes, they do have entitlements and rights! What is a casual employee? Basically, a genuine casual employee works if and when it suits them and the business. They do not have to accept work when it is offered. They have no guaranteed hours of work regular pattern of work ongoing expectation of employment If a casual employee works regular hours, days or is rostered on, it is likely that they are not a genuine casual employee. They are likely to be considered a permanent part-time employee in the eyes of the law. Do they get holiday pay? Sort of. If the employee is a genuine casual, then it is likely that their work patterns are so intermittent or irregular that it is impractical to provide them with 4 weeks’ annual holidays. Instead, they are paid an additional 8% of their pay in each pay cycle instead of accrued annual leave. Do they get sick pay, bereavement and domestic violence leave? Yes! If after six months they work: an average of at least 10 hours a week, and at least one hour a week or 40 hours a month Can they just be fired? Because genuine casual employees have no expectation of ongoing work after the last period they accept, an employer wouldn't have to 'fire them', they could just stop offering work. However, there are cases where this would not apply and it may be an unjustified dismissal: If the employee had already accepted the work If the employer acted unreasonably If the employee was not a genuine casual employee. In conclusion Casual employees have the same rights as permanent employees in many cases. Be wary of using casual contracts unless the employee will be a genuine casual. If an employee starts as a genuine casual, but acquires a pattern of work, they are no longer a casual so employers should monitor this in order to reduce their risk.

#5waysto Is your team working as well as you'd like? Or is there room for improvement? Let's look at five ways that we can build profitability through your team... 1. Engagement While you may be the decision maker, if your team doesn't feel like they have a say in things they can easily lose motivation and start underperforming. Employees that feel like they're contributing are far more likely to work hard and be loyal. On the other hand, employees who aren't engaged won't extend themselves beyond their role, perform to their full potential or stay longterm. And recruiting a replacement can just start the whole process again.According to a recent study, only 15% of the employees worldwide feel engaged in their jobs. Top tips: Ask for their suggestions - a collaborative approach to improving the workplace can ensure that your team is engaged and empowered. You don't have to adopt every idea that they have, but you might just discover that they have some ideas that are of value or that are even better than your own. Team meetings - allow your team to feel involved and as though their experiences matter. Regularly checking in with your team can also help to nip issues in the bud. 2. Role clarity As businesses expand, new tasks are needed and are often informally assigned to team members. This can result in a lack of accountability, lack of recognition, double-handling of tasks and ultimately perhaps resentment from your employee. An employee who feels like no one cares about what they do, will be very unlikely to perform well and could become a drain rather than an asset to your business. Top tips: Regularly assess current roles and new tasks, responsibilities and roles - this can ensure that processes are streamlined and employees know where they should be focusing. Keep job descriptions up to date - this not only helps with accountability but also helps to see where employees can develop further 3. Peer to peer learning Each year businesses spend millions of dollars on training. This can be a waste of time and money if it's irrelevant, inefficient or the employee doesn't buy into it. Top tips: Use your team to share knowledge - by assessing the strengths of your team and encouraging them to pass on their skills to their co-workers you are empowering them, recognising their knowledge and promoting team work. Incorporate training into team meetings - you have a captive audience here so take the opportunity to increase the knowledge your team has and therefore business efficiency and profitability. 4. Team Communication Not all employers are natural communicators. They might know what is going on in their own head but fail to pass this on to their team. This can result in costly misunderstandings and poor communication which can divide a team. Top tip: Communicate with everyone - leaving some people out is a sure fire way to create divisions within your team Communicate regularly - Think about how often you need to communicate with your team, it may only need to be once a month or it may need to be twice a week or as new information arises. Use the right channel - Will a weekly email be all that is needed to keep your team engaged, or do you need to meet in person or via video conference? Choose a method that your team will be familiar with and that will allow you to communicate effectively and encourage them to have their say. 5. Delegate, delegate, delegate! As an employer, your time is precious and can be limited. The temptation may be to rush through jobs in order to just get them done, but this doesn't empower your team or boost their profitability. Instead, they can end up relying on you, slacking off or lacking initiative. Top tips: Focus on delegating where possible - you don't need to do everything yourself and this will also enable you to develop your business Develop your team structure - put tiers in place that can help take a load off your shoulders by empowering managers and senior team members. In conclusion Increasing profitability is not just about numbers, but the people in your business. Everyone wants to feel valued. When they do, they extend themselves and make your business more profitable. Imagine having a way to increase your team morale while also increasing their production. That's exactly what engagement does for a team Click below to download a copy of this article: Or click below to download "The Great Employers Checklist" for free We provide employment law & HR advice and support to New Zealand businesses just like yours.

It's #MythbustingMonday so we're tackling the myth that every change in an employment relationship needs a new contract. I'm changing an employee from part-time to full-time, do they need a new contract? No! If all other factors of the employment are the same, then you can simply vary this term. You still need to get your employee to agree to this of course, and it is always recommended that this is done in writing through an addendum to the contract. Does this also apply to pay changes, job titles etc? Yes! If you are increasing pay or promoting an employee you can simply vary these parts of the agreement (again, in writing and with the employee's agreement). If there is a job change, it is important that they receive an updated job description so that you are both clear on expectations. What about at the end of their probation period or 90 day trial? No. An employee's terms remain the same unless you want to update them. So when do they need a completely changed contract? There are several cases including: If the policies or terms of employment are changing greatly - it is a good idea to get them to complete a new employment agreement, rather than sign individual change documents. As we've mentioned before, the employee must agree to these changes. An employer cannot simply tell them that if they don't sign, they will have no job going forward. If you buy a business and the employee remains employed - their original contract stands. You can provide them with a new contract as a condition of employment beforehand, providing the processes are followed correctly. In this case, it pays to work with the selling employer to ensure that this is the case. If they are on a fixed term contract and you are extending this - it is important that you provide a new contract before the end of the fixed term. If you do not, they are considered permanent if their employment continues after the end of the fixed term. In conclusion... Variations to an employment agreement or an employee's terms should be documented and agreed to at all times, but a new contract is not necessarily required.

It's #MythbustingMonday so we're clearing up this employment myth about needing three warnings before any dismissal can occur. Do you need to give an employee three warnings before dismissal? No! It is a common misconception that employees must get a verbal, written and then a final written warning before they can be fired. Depending on the situation and the seriousness of the misconduct, it may not be appropriate to go through all of these steps. Do they have to give any warnings at all then? No! In cases of serious misconduct, the employee's actions may be so severe that the essential trust in an employment relationship might be completely destroyed. In this case, there may be no other alternative but to dismiss the employee, even if this is a first offence so the employer does not have to have previously given any warnings. What if they have a final warning, can you fire them if there is another offence? Not necessarily! Warnings are specific to the misconduct that has occurred so can generally only be relied upon when offences are similar. For instance, if an employee received a final warning for bullying co-workers, an employer may not be able to rely on this to dismiss if they also sign out 15 minutes early on a shift. And remember... Before even getting to the stage of issuing a warning or dismissing an employee, an employer must be confident that good process has been followed. An employer must act reasonably in disciplinary proceedings and not have predetermined outcomes, because this is where employers end up with grievances.