In December 2014 the Sentencing Act 2002 was ammended in a seemingly minor fashion. However it means that Courts can now enforce substantial reparations payments to someone injured in a workplace accident. Previously the Courts were unable to do this because of ACC, which was considered to provide sufficient recompense. But legal comments are that we may now see reparations fines well in excess of $100,000 - depending on how many years' lost income the person may suffer.
I have just read this amazing article on developments in the world of learning, and the role that social learning is playing in the world of work and play.
The impact of stress in the workplace was highlighted in a recent court case where poorly managed stress at work was determined to be a valid cause of constructive dismissal and cost the company $10,000 compensation. If a GP identifies workplace stress as the reason someone needs sick leave, then this is important information you need to take action on. Not only might it lead to an employee claiming they were forced to resign; but there could be potential H&S fines as well. Stress needs to be recognised as a workplace hazard and you need a process in place to minimise the risk to staff and help them address it.
Conducting Effective Investigations Workshop Flyer can be found here
Some interesting figures have recently been released, which will not necessarily make wage and salary negotiations easy for local employers. The CPI figures show inflation at only 0.8% for the year to 31 December 2014. However the latest Household Economic Survey (Income) for the 2 years to June 2014 shows average household spending on housing costs rising by 11.1% over a 2-year period – and even higher in Canterbury where rental costs increased 0.6% more than the country average.
Changes to the law around parental leave take effect from 1 April 2015
MBIE are sending a strong message to employers, particularly in the construction industry - that you cannot treat employees as contractors just to avoid keeping wage records; paying PAYE, paying less than minimum wage rates or to avoid paying for Stat days. they are imposing fines for breach of employment laws.
Please be aware that the minimum wage increases on 1 April to $14.75 per hour (an increase of 3.5%). A similar increase in the minimum starting out wage - to $11.80 per hour also takes effect then.
There has been a bit of publicity about such contracts recently. So, in case you are wondering – these are contracts that require an employee to be available for work, but will not guarantee any set number of hours. This is a little different from a legitimate casual agreement where the employee does not contract to be available. In essence a casual agreement enables an employee to say sorry, they can’t work a particular shift/day, when first asked.
You will probably be well aware of employees taking personal grievances. But it appears that you should be even more concerned to avoid the rish they take you to the Human Rights Tribunal. Two recent Tribunal cases have awarded $168,000 and $45,000 for breaches of privacy and racial harassment respectively.
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