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A recent Employment Relations Authority (ERA) decision has brought a significant victory for our client, Qestral, in a complex personal grievance case. We were happy to help them navigate the complexities of employment law and the Employment Relations Authority (ERA). Employment Relations Authority hearing room, where the recent personal grievance case was decided In summary The case involved serious allegations of unjustified summary dismissal based on claims of racial and derogatory comments made by an employee. Qestral conducted what it described as a “long and thorough” investigation into allegations that an employee had described Pasifika people as “fat and lazy”; and referred to Māori visitors as "these blacks" The company gave their employee and her representative opportunities to respond to the findings, but determined that it was likely that these comments had been made and that this was serious misconduct. The ERA concluded that our client's investigation was not predetermined and that the decision was based on the evidence available. Practical takeaways for employers Thorough, reasonable investigations protect employers: A detailed, documented investigation process is essential when dealing with serious misconduct allegations, including Conducting a fair and comprehensive investigation Allowing the employee to respond with representation Documenting all steps clearly to withstand scrutiny in the ERA Seeking expert HR advice results in success: Partner with the expert HR consultants like us to guide you through complex employment law matters. Employers who invest in strong human resources practices reduce the risk of costly disputes and create a respectful workplace culture. Why this win matters for employers The ERA’s decision in favour of Qestral sends a clear message: employers who follow fair procedures and base their decisions on credible evidence can successfully defend against personal grievance claims. This outcome reassures employers that: They don't have to shy away from raising (reasonable) concerns Proper HR and employment law processes are critical to success Receiving a personal grievance doesn't mean a loss in the Authority with the right advice and support Defending a personal grievance - Final thoughts This recent ERA victory for our client highlights the importance of strong HR practices, sound employment law advice and support from experts like us. Employers facing concerns about employee misconduct should prioritise thorough investigations, fair treatment, and clear documentation. Working with experienced HR consultants like Employer Direct can make all the difference in managing risks, protecting the your business and defending against personal grievances. If you are an employer looking for support with employment law or human resources challenges, consider reaching out to professionals who understand the complexities of cases like this. If you've received a personal grievance, don't hesitate to give us a call!

Running a business at the moment in Aotearoa is no easy feat. Whether you're managing a growing team in Christchurch, juggling compliance from your laptop at the bach, or squeezing in calls between school pickups and rugby games, the pressure can pile up quickly. And your team can pick up on it too which doesn’t just impact morale, it affects productivity, retention, and your bottom line. Why Stress Management Matters More Than Ever According to the Mental Health Foundation of New Zealand, nearly 1 in 4 Kiwi workers experience high levels of work-related stress. For small businesses, the impact can be magnified if fewer people means more pressure on each role, and less margin for downtime. If you’ve ever heard one of your team say: “I’m just really overwhelmed.” “I can’t switch off after work.” “I’m always working late just to keep up.” …then it might be time to take action. The True Cost of Workplace Stress Increased absenteeism Niggles between staff Higher staff turnover Low morale Mistakes Burnout and long-term health problems And if it escalates? It could result in an employment dispute. Easy Steps to Reduce Workplace Stress 1. Lead by Example If you're replying to emails at midnight or skipping breaks, your team will follow. Make sure you don't create an environment where employees don't take time out, to rest, and to prioritise wellbeing. 2. Take a Break Lunch at your desk is not a break. Create a culture where people actually pause as even 10 minutes outside can do wonders. 3. Create Clear Role Boundaries Many stress issues come from vague job descriptions or unclear expectations. Make sure everyone knows what you expect them to do and to take ownership of. Need help clarifying roles? We offer free audits that pinpoint these gaps. 4. Recognise Wins Recognition (not just performance reviews) can help team members feel valued and motivated, especially if they're feeling stressed. 5. Offer Flexibility Where Possible If you can offer flexibility you might find its worth it. Whether that be start times, remote options, or shorter weeks, giving people some control over how they work can help reduce stress levels. 6. Invest in Systems That Lighten the Load Manual admin, HR paperwork, compliance confusion — it all adds up. When you systemise your HR processes, you don’t just save time, you create mental space. If you streamline your HR  your people — and you — can breathe a little easier. The Employer’s Responsibility in NZ As an NZ employer, you have a legal duty to manage risks to mental health and wellbeing. That includes taking “all practicable steps” to prevent harm caused by workplace stress under the Health and Safety at Work Act. Even beyond the law, happy, healthy teams are productive teams. A low-stress, high-support culture is a serious competitive advantage when you're looking to build the best team possible. How Employer Direct Can Help Our clients are business owners just like you. They tell us that outsourcing HR doesn’t mean giving up control, just gaining clarity, confidence, and capacity! When you work with us, you get: A free audit  of your current processes Advice from experienced employment law experts Help to prevent issues before they arise Ongoing support — no lock-in contracts, just real help If Stress is Creeping in, it’s Time to Take Action! Book your free no-obligation HR audit  with Employer Direct today. We’ll help you find the gaps, tighten your systems, and support your people, so your business can grow without the burnout.

Client: Building firm Size: 10-15 employees Problem: Problematic absenteeism among staff, resulting in missed deadlines, lack of productivity and extra costs to the business John's Problem: Managing absenteeism Our client had grown from a sole trader to a well-respected local building business relatively quickly. Owner John* built his business from the ground up and was now he was on the tools less and taking on a more managerial function across his very busy business. In June, John and his foreman discussed the increase in lateness and absenteeism, beyond their employees entitlements. His foreman told him he had previously discussed this in tool box meetings, but it was still causing delays and increased costs. He told John he was getting really frustrated and no one seemed to care about getting the work done. John was also concerned that this could lead to poor customer experience and was anxious that this be nipped in the bud to avoid reputational damage. But he hadn't had to manage absenteeism before and felt to busy to deal with it. Getting support John initially came to us and asked us to undertake our free HR audit on his business. He also raised that he was struggling to manage the absenteeism and lateness and asked us to see if there were systems or changes he could put in place to reduce this. Next we looked at the data around attendance. This was to see how much of the absenteeism was explained, how much could be unreasonable and whether it was spread across his team, or if just a couple of employees. This helped us come up with a plan to support his business in tackling the absences. Taking Action With guidance from Employer Direct, John began to implement changes in his company. The free audit had given John some easy wins to make sure his business was on track, compliant and that he was reducing his risk of any personal grievances. Our top three suggestions were: updating his employment agreements to a more compliant and clear version; improving his record keeping, including any changes to terms or pay rates; and putting policies in place so that his team clearly knew what his expectations were. As part of this, John realised that while he had firm views on how absences should be managed, he didn't have a policy around this, a clear process on what he expected his employees to do if they could not attend, or what could happen if they didn't follow this process. Employer Direct helped him create this policy and implement it with his staff's understanding and support. As these changes were made, it became clear that as the business had grown busier and bigger, there had been less attention paid to the team culture. When the business had been smaller, John had attended all tool box meetings, worked alongside his staff and maintained a close oversight of them. He knew them well and it had felt like a close family. As he had become busier and the business had grown, he realised that this had been somewhat lost and his team had lost engagement which had contributed to absenteeism. As a result, Employer Direct was asked to provide John's foreman leadership support and to put a template in place for how a tool box meeting needed to run. John's business also put in place regular team meetings to discuss issues and congratulate success. John also made sure he attended site on a regular basis. Changes and Improvements As weeks passed, John observed a remarkable shift in his workplace culture. His staff became more engaged and collaborative, leading to a positive atmosphere and and increase in productivity. He also found that the previous levels of lateness and unexplained absenteeism were steadily decreasing and his team seemed happier all round. This proactive approach had cultivated an environment where employees felt respected and knew what John expected of them through small, easy steps. This ultimately enhanced the team culture and John believes, his ability to retain good workers. "Not turning up to work was becoming a big problem for us. I didn't think such small changes would have such a big impact on me and the boys" In summary Small business owners facing similar challenges may also find that small changes can have big results. The potential advantages of tailored HR solutions are significant, and investing in workplace culture is more than just avoiding grievances. It facilitates an environment where employees can excel, ultimately generating greater success for the business. In a world where productivity and attendance can make or break a business, John's story serves as a powerful example of the benefits of proactive HR strategies, no matter how small. Want to see results in your business? Give us a call. *names have been changed.

#yourquestionsanswered Whether it was because you don't think they were genuinely working during their shift or they pranged the work vehicle, proceed with caution if you are planning on deducting from your employee's wage. Is deducting from my employee's pay legal? Only if this is a legal requirement (like tax) or your employee has agreed to this deduction. What if I do it without their agreement? Even if they have caused damage, or slacked off deducting without their agreement could be unlawful, affect the employment relationship, and result in a personal grievance being raised. Why is this? Employees' wages are protected under the Wage Protection Act. Paying employees correctly and on time is a fundamental responsibility of employers. This includes paying employees on or before the pay day stated in the employment agreement. The pay day must be at least once a month and the pay must include all wages, salaries, and any other amounts that the employee is entitled to. Why is this important? Not only is this a legal requirement, but it is also a key aspect of maintaining a positive and productive work environment. Late or missed payments can cause stress and financial hardship for employees, which can negatively impact their work performance and morale. By paying employees on time, employers demonstrate their commitment to their well-being and show that they value their contributions to the organization. So what should I do to ensure that I am acting lawfully? Ensure you have specific agreement for any deductions above what you are legally required to deduct, have a robust payroll system and communicate with your employees if anything will change. In addition, if they have queries, act reasonably and respond in a timely manner. Questions?

Running a business already comes with a long to-do list. You're navigating breaks, casual contracts, complaints, and conflict. Get one thing wrong, and the consequences can be costly. Here are some of the common questions we get asked by our clients. Common HR Question 1: Do I Have to Give My Employees Breaks? Yes! Rest breaks help your team stay productive and reduce the risk of burnout or injury and legally, you must pay for rest breaks (short ones), and while meal breaks can be unpaid, they still must be provided. If agreeing on break times proves tricky, you must offer them at regular intervals where practicable. Can’t do that? You might  be able to compensate instead — but it needs to be a last resort. If you're in this boat, get advice before ditching the break time. Common HR Question 2: Is That Worker Really a Casual Employee? A casual employee has no set hours, no regular pattern, and no ongoing expectation of work. They can turn down shifts, and legally, their contract must say they are casual. This isn't the same as only working once a week for instance. Sometimes they’re still entitled to public holiday pay, annual leave or sick leave. That's were employers often get caught out. Common HR Question 3: Contractor or Employee — What’s the Difference? The difference isn’t just about titles, its about how the arrangement is in reality. To put it simply: An employee works for  you. A contractor works for themselves . Even if the agreement says they're an independent contractor, if they are not genuinely in business for themselves you could end up in legal hot water. Common HR Question 4: An Employee Raised a Grievance — Now What? First, don’t panic. Employment grievances can often be resolved informally. If not, mediation is your next step. Declining to mediate (or a failed mediation) could escalate things to the Employment Relations Authority (ERA), which may legally determine the outcome. Early support and proper process can prevent things from getting that far. Always act in good faith and seek help early. Common HR Question 5: A Difficult Employee — Can I Just Let Them Go? Not without following the correct process. Difficult employees might just need feedback, clarity, or coaching. As frustrating as the situation may be, the law requires fairness and proper procedure. Conclusion: Being a great employer shouldn’t mean becoming an HR expert. If any of these common HR questions have been on your mind or HR keeps you awake at night — we’re here to help.

Mediation can feel a bit nerve-wracking but here's a bit of a lowdown on what to expect. If you’ve ever had an employee raise a grievance — and it wasn’t something that could be resolved over a coffee or quick phone call — you’ll know how quickly things can get complicated. If you're off to mediation , here's a quick breakdown of what to expect... When do we actually go to mediation? Once it’s clear that you and your employee can’t resolve things directly — maybe you’ve had a conversation or two, but you're getting nowhere — mediation is usually the next formal step . It’s organised through MBIE, and it’s confidential. How long does it take to get a mediation date? That part can be slow. Even once the paperwork is submitted, you’ll often wait a few weeks  before a date is offered. Realistically, it can take up to two months  to actually sit down (or log in) for the session. It can be frustrating, especially if you just want things sorted. Is mediation in person? What if I don’t want to be in the same room as them? Good news — mediation can be done via Zoom . If the idea of sitting across from your ex-employee makes your stomach turn, you can request remote mediation or even separate rooms in person. Flexibility is common, and the mediator’s job is to keep it professional and safe. What actually happens during mediation? Here’s a rundown: The mediator explains how things work  – confidentiality, process, ground rules. The employee (usually the one who raised the issue)  shares their side and what outcome they want. You (the employer)  get a chance to ask questions, then share your side. Once both sides are heard, the mediator usually separates the two parties  and moves between rooms trying to help both sides find a resolution. Think of the mediator as a neutral go-between, not a judge. They're there to facilitate a solution , not decide who’s right or wrong. How long does mediation take? For most cases, mediation lasts about half a day , with some short breaks. If it’s a complex issue, the mediator might recommend a full day, but you’ll know this ahead of time. And if you reach an agreement early? You’re done sooner — simple. And if we could give you one piece of advice? Don’t wing mediation. It’s too important — and too easy to misstep if emotions run high. Get proper advice before walking into (or logging into) mediation, you'll probably sleep better because of it. If you're in this situation now, we can help you prepare and walk you through the process.

Let’s be honest — you didn’t go into business to become an HR expert. You’re working weekends, answering staff questions during your kid’s rugby game, and staying up late trying to figure out what clause to put in that new employment agreement. That’s not what running a business should feel like. And it doesn’t have to be that way. The Real Cost of Doing It Alone Most business owners we talk to are doing their best with what they’ve got. But even well-meaning employers can get tripped up—and those mistakes aren’t cheap. The average settlement through the Employment Relations Authority is over $29,000. That’s before you count the time, energy, and sleep you’ve lost along the way. More often than not, these aren’t “bad boss” stories. They’re “busy boss” stories. No one hands you an HR manual when you start a business—but you’re still expected to get it right. That’s where we come in. We Keep It Simple. And We’ve Got Your Back. At Employer Direct, we’re all about making your life easier. We’re the HR team in your back pocket—ready to help, without the legal jargon or the big-firm invoice. Here’s what streamlining HR with us looks like: Employment agreements and policies that actually protect your business Systems and reminders that keep you on the right side of the law A team of experts (who’ve been on both sides of the ER table) ready to give you straight-up advice And it all starts with a free, no-pressure HR audit . We’ll take a look under the hood, show you where the risks are, and give you a plan to fix them. Simple. You Deserve to Focus on What You Do Best Whether that’s growing your business, spending time with your family, or finally getting a full weekend off—we’re here to help you get there. Because the truth is, hiring people should make your life easier—not harder. And a strong, supported team isn’t just good for business, it’s good for you too. Ready for Less Stress? Book your free HR audit  now. No strings. No stress. Just solid advice and a plan to make HR one less thing to worry about. 👉 Book Your Free HR Audit

When you’re running a business, it’s easy for paperwork to take a backseat to pressing tasks—especially when you’re juggling customer payments, staff rosters, and those never-ending client emails. There are a lot of helpful documents and 'nice to have' processes, but the top three things we recommend every employer prioritises getting right are: 1. The Employment Agreement Why it's essential: This isn't just a nice-to-have—it's the law. Every employee must receive a written employment agreement before  they start work. It outlines the terms of employment, including hours, pay, holidays, notice periods, and more. What happens if you skip it? Verbal agreements don't cut it if things go wrong. Without this document, you risk misunderstandings, grievances, and the legal system siding against you. Pro tip:  Even casual and fixed-term workers need one - and the onus is on you to provide one 2. A Job Description (Position Description) Why it's essential: A clear job description sets expectations, defines responsibilities, and helps both you and your employee understand what “success” looks like in the role. What happens if you skip it? You leave yourself open to confusion and underperformance. Worse still, if you need to manage performance issues later on, you’ll have no formal foundation to stand on. Pro tip:  A strong job description supports performance reviews, hiring decisions, and even dispute resolution. 3. A Company Handbook or Code of Conduct Why it's essential: This document outlines your company’s policies, workplace expectations, and values. It can include policies on leave, health and safety, misconduct, and even dress code or social media use. What happens if you skip it? You risk inconsistency and confusion when issues arise. A well-written handbook protects your business by showing that employees were made aware of your standards upfront. Pro tip:  This document isn’t legally required—but it’s one of the best protections you can put in place. The Bottom Line Employee documents aren’t just paperwork—they’re protection. They set the tone, define your culture, and help you stay compliant with New Zealand employment law. At Employer Direct, we know that most small business owners didn’t sign up to be HR experts—and we’ve got your back. Whether you're hiring your first employee or scaling a growing team, we can make sure you're not just compliant but confident. Not sure if your employee documents are up to scratch? Book a free HR audit  with our team and get clarity on your biggest risks—no pressure, no commitment, just expert advice when you need it. Give us a call now → 📄 Better systems. Safer business. Happier team.

For many business owners, HR is something they only think about when there’s a problem —a staff dispute, a resignation, or worse, a personal grievance. But managing HR reactively  instead of proactively  is like waiting for a fire to break out before buying a fire extinguisher. At Employer Direct , we’ve seen too many Kiwi business owners caught off guard by HR issues that could have been prevented  with the right systems in place. In a nutshell: proactive HR is essential for protecting your business, improving employee performance, and reducing stress. The Cost of Reactive HR If you only think about HR when something goes wrong, you’re putting your business at risk and causing yourself more stress in the long run. Here’s what reactive HR looks like: Scrambling when an employee issue arises  – Trying to discipline or dismiss an employee without the right policies  in place. Legal risks and personal grievance claims  – Finding out too late that you didn’t follow the right process  when handling a termination. Losing good employees  – Because your onboarding, contracts, and workplace culture weren’t set up for long-term retention. Wasting time and money  – Spending hours fixing HR mistakes instead of growing your business. Why Proactive HR is the Smart Choice Instead of reacting to HR issues, proactive employers build strong foundations that prevent problems before they start and prevent stress down the track. Let's quickly compare the two: 1. Employment Agreements That Protect You R eactive HR:  You only worry about employment agreements when an issue arises—by then, it’s too late versus Proactive HR:  You have legally compliant contracts  in place from day one, setting clear expectations and protecting your business. 2. Clear Workplace Policies Reactive HR:  You only think about policies when an employee calls in sick for weeks or doesn’t show up versus Proactive HR:  Your leave, misconduct, and performance policies are documented and signed, so there’s no confusion or disputes. 3. Proper Performance Management Reactive HR:  You wait until an employee’s performance is so bad that you need to fire them immediately—without the right process versus Proactive HR:  You have structured performance reviews, documented feedback, and a clear disciplinary process—so you’re protected. 4. Reducing Employee Turnover Reactive HR:  You lose good employees because there’s no structured onboarding, support, or career growth versus Proactive HR:  You create a positive workplace culture, helping employees feel valued and stay longer. 5. Avoiding Legal Risks Reactive HR:  You only seek legal advice when a problem happens, costing you thousands versus Proactive HR:  You start on the right foot with good HR guidance upfront, preventing issues and keeping your business compliant. How Employer Direct Can Help You Be Proactive We know that as a small business owner , you don’t have time to worry about HR every day—but ignoring it until there’s a problem is too risky . We make HR simple, cost-effective, and stress-free, helping you put the right systems in place before issues arise. Proactive HR Solutions: ✔ Free HR Audits  – Identify risks before they become costly mistakes ✔ Compliant Employment Agreements  – Tailored to your business needs ✔ Workplace Policies & Procedures  – Clear guidelines to prevent disputes ✔ Ongoing HR Support  – Expert advice whenever you need it 🔹 Book a Free HR Audit Today  and stop waiting for problems to arise—get ahead of them! 👉 Contact Us Now By shifting from reactive to proactive HR, you’ll save time, reduce stress, and protect your business from unnecessary risks. Don’t wait for a problem—take control of your HR today.

The construction industry is the backbone of New Zealand’s economy, yet managing HR in this sector comes with unique challenges. From health and safety compliance to skilled worker shortages, small business owners in construction often find themselves struggling to balance compliance, employee welfare, and business growth. 1. Skilled Labour Shortages and Retention The construction sector consistently faces a shortage of skilled workers. Retaining experienced employees while attracting new talent is critical. Three things you can do to combat this: Offer competitive wages and benefits Invest in employee development through training and upskilling Foster a strong workplace culture that values safety, respect, and career growth, especially by responding to issues when they arise Pro Tip:  Employees who feel valued and see a future with your company are more likely to stay long-term. 2. Compliance with Employment Laws Construction businesses must comply with New Zealand’s employment laws, including fair pay, worker rights, and proper contract management. Non-compliance can lead to costly legal disputes. Three things you can do to combat this: Ensure employment contracts are up to date and legally compliant Keep clear records of work hours, overtime, and entitlements Seek expert HR advice to avoid costly mistakes Did you know?  The average Employment Relations Authority settlement is over $20,000 —not a risk worth taking! 3. Health and Safety Risks Workplace accidents and injuries are a significant concern in construction. Employers must meet strict WorkSafe NZ  regulations and provide a safe working environment. Three things you can do to combat this: Conduct regular safety training and toolbox talks Ensure PPE (Personal Protective Equipment) is provided and used Develop clear safety protocols and incident reporting systems Pro Tip:  A proactive safety culture reduces accidents and protects your business from legal liability. 4. Handling Payroll and Employee Benefits Construction businesses must manage wages, leave entitlements, overtime, and subcontractor agreements correctly. Errors can lead to disputes and financial strain. Three things you can do to combat this: Use reliable payroll software or an expert in payroll to track wages and entitlements Ensure all employee benefits comply with NZ employment laws Seek HR support to streamline payroll management Where employers can go wrong:  Incorrectly managing payroll can result in penalties and disputes—getting it right from the start saves time and money. 5. Dealing with Employee Issues and Misconduct Workplace disputes, absenteeism, and misconduct can disrupt projects and lower morale. Having clear policies in place is crucial for resolution. Three things you can do to combat this: Implement a fair and transparent disciplinary process Address issues promptly and document all incidents Provide mediation services to resolve conflicts professionally Did you know:  Many disputes arise due to unclear expectations—having well-drafted policies can prevent issues before they start. HR Challenges in Construction: How We Can Help: We know that as a construction business owner , you’re already juggling a million tasks. That’s why Employer Direct offers: HR audits  to assess compliance risks Custom employment contracts  tailored for the your business' needs Expert advice  on workplace disputes, payroll, and compliance Ongoing cost-effective HR support  based on what you actually need By outsourcing your HR needs, you can focus on what you do best—growing your business and delivering top-quality work. Book a Free HR Audit Today  and take the stress out of managing your workforce. 👉 Contact Us Now  to get started! Managing HR in construction doesn’t have to be a headache. With the right systems, processes, and expert support, you can build a strong, compliant, and productive team—without the stress.