The NEW ZEALAND EMPLOYMENT module informs all New Zealand employers administering employment relationships within their organisations. The module outlines the laws as they apply to an employer with detailed steps to be taken to ensure compliance.
The NEW ZEALAND EMPLOYMENT module covers obligations of an employer to ensure employees are provided their legislated entitlements and ensure that all dealings with employees and unions are conducted in good faith.
The core obligations of all New Zealand employers are covered by the module and include;
- Good faith principle: all parties to an employment relationship are required to deal with each other in a fair and transparent way;
- Union matters: unions are entitled to access workplaces and employees have the right to union membership without fear of reprisals;
- Collective bargaining: the organisation must undertake collective bargaining when required;
- Individual employment agreements: all employees not bound by a collective agreement must have a written individual employment agreement;
- Employee entitlements: the organisation must provide employees with all legislated entitlements;
- Holidays and leave: the organisation must provide employees with all leave entitlements;
- Accrediting industry training organisations: governing the special entitlements of apprentices;
- Parental leave: the organisation must arrange parental leave for employees according to their entitlements;
- Fair treatment in the workplace: employees are entitled to fair treatment in the workplace at all times;
- Ending employment: the protection of employees from losing employment in circumstances that are insufficiently justified;
- Grievances and authorities; resolution of disagreements between employers and their employees;
- Business restructures: the organisation must facilitate the transfer of protected workers between employers;
- Strikes and lockouts: the performance of a strike or a lockout executed in accordance with the legislation;
- Record keeping and privacy: employers must manage information about their employees in accordance with legislation.
To cover all of the obligations the module provides a series of questions addressed to the employer including;
- Are we applying the principle of good faith?
- Are we communicating effectively?
- Are our actions discriminatory?
- Are we providing all employees with their entitlements?
- Are we meeting the conditions of employment agreements?
- Are we keeping appropriate records?
- Are we protecting our employees’ privacy?
- Have we performed the necessary notifications?
To answer these questions the module expands on the actual obligations and provides guidance, instructions and advice to the employer to ensure obligations are met.
These obligations of New Zealand employers are derived from various pieces of legislation which are covered in the module;
- Employment Relations Act 2000 (NZ);
- Employment Relation (Prescribed Matters) Regulations 2000 (NZ);
- Employment Relations Authority Regulations 2000 (NZ);
- Holidays Act 2003 (NZ);
- Human Rights Act 1993 (NZ);
- Industry Training and Apprenticeships Act 1992 (NZ);
- Minimum Wage Act 1983 (NZ);
- Parental Leave and Employment Protection Act 1987 (NZ);
- Privacy Act 1993 (NZ);
- Volunteers Employment Protection Act 1973 (NZ).
The Employment Relations Act 2000 (NZ) is the primary employment statute in New Zealand. The module covers how this act provides an overall framework for establishing and maintaining mutually beneficial relationships between employers and employees by;
- Establishing a requirement for the details of every employment relationship to be formalised in a written agreement;
- Granting the powers of employment authorities;
- Creating a process for employees to raise personal grievances;
- Requiring all parties to deal with each other in good faith.
The act also establishes New Zealand’s Employment Relations Authority which is an independent investigative body that assists the dispute resolution process for employers and employees by;
- Providing mediation and facilitation services;
- Concluding bargaining and fixing terms of agreements;
- Investigating personal disputes raised by aggrieved parties;
- Interpreting employment agreements;
- Healing disputes involving specified pay deductions, minimum wage entitlements, and parental leave; and
- Reviewing applications for the reinstatement of dismissed employees.
In addition to The Employment Relations Authority the module also covers the role and responsibilities of all authorities overseeing employment matters in New Zealand;
- The Employment Court hears challenges to determinations made by the Employment Relations Authority;
- The Labour Inspectorate is a function of the Ministry of Business, Innovation and Employment. The role of inspectors is to visit workplaces and check that employees are receiving their legislated entitlements;
- The Human Rights Review Tribunal hears and determines matters relating to privacy and human rights legislation.
If an organisation has in any way failed to meet its express obligations to employees or unions then it is further obligated to communicate this failure and take reasonable steps to rectify the situation. The module covers actions designed to mitigate the consequences of specific failures and also the potential consequences to an employer continuing to breach their obligations including;
- Orders to reinstate dismissed employees;
- orders to compensate employees for lost wages;
- Remedial actions designed to prevent further breaches;
- Payment of penalties for each breach.
The NEW ZEALAND EMPLOYMENT module covers the role of the employer. The module does not cover the role or actions to be taken by employees, either individually or as a group, in the event of a breach of regulations or obligations by an employer.