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- Book an Employer Direct Consultant
If you need a little more support, book some time with our consultants. This is perfect for services like: one on one coaching / running disciplinaries / carrying out redundancies / recruitment support / responding to personal grievances.
- Audit of HR processes
A full audit and recommendations to increase your business' HR processes and good practice.
- Your questions answered: What is constructive dismissal?
#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.
- What are some of the biggest challenges facing Kiwi employers this year?
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.
- Five ways to... ensure that your employment policies are working well
#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.
- Contact Us | Employer Direct | New Zealand
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- Human Resources & Employment Law | Employer Direct | New Zealand
Employer support: Its what we do We take the headache out of HR, by providing small business owners affordable, easy-to-access resources and expert support to reduce the risk of employment issues, improve productivity and increase profitability. And all this without charging you a fortune! And if you need it, we have expert consultants on hand to ensure the best outcome in any sticky situation. COVID-19 FAQs HIRING FAQs EMPLOYER HELP FAQs EMPLOYER'S RIGHTS FAQs DISCIPLINARIES & DISMISSALS FAQs SUPPORT We can help your business thrive! Free discovery call Find out how we can support your business Book now Wondering how we can support you? In short, we take the hassle out of the HR and employment law so your business can flourish and you can free up your time. You get the space to do the things you love in your business, while we take care of the human resources stuff you don't. Get our free DIY HR Checklist Want to know how your business' human resources processes stack up? Or if there are gaps you need to sort? Don't wait until you're in a sticky situation - our DIY HR checklist is a great way to start... and it's free! Thanks! We'll send you the checklist shortly Name Email Submit DIY Checklist Six very good reasons to team up with us: ON DEMAND SUPPORT TRAINING & GUIDANCE EXPERT CONSULTANTS NO HIDDEN COSTS 50+ DOCUMENTS IN OUR LIBRARY TOOLS TO PREVENT ISSUES We know what we're doing and our clients agree! Honey & Royal Jelly Exporter Auckland, New Zealand "I'm so glad I didn't try handle it myself. You delivered on everything you promised."
- Hiring Questions | Employer Direct | New Zealand
Recruitment Recruitment Blog Tips for employers Advertising a vacancy When advertising a job, its important that the requirements are in no way discriminatory. Employer's should be careful with terminology that could gender a role or seek a certain attribute that could be considered discriminatory based on identity or other protected factors. Hiring the right person The best hires happen when you take your time to find the best candidate so we recommend trying to be as proactive as possible in deciding when to recruit and taking your time over the process. Sometimes this isn't possible but we still recommend that you don't hire just for the sake of it, particularly if you are an employer in a small business. Much like panic-buying, you may end up with something you do not want and then need to work within the boundaries of employment law to rectify this. Avoid this by not making a decision until you have interviewed all short-listed candidates. Offering a job If you have found the employee you would like to offer a job to we recommend that you reference check first. If you do not, any job offer should include satisfactory reference checks as a condition of employment. This is not the preferred process however, as it can make for some awkward conversations at least as references are subjective. Psychometric or drug testing are based on parameters that are objective so it is easier to justify rescinding a job offer based on these. This would still need to be a condition noted in the job offer. If you are not sure about this, we recommend seeking workplace support from employment relations specialists. Reference checking Reference checking is an important part of the recruitment process. However you should take care do so with proper process. This should include seeking specific permission to contact references prior to any contact being made, ensuring that any information sought does not breach the Privacy Act by unreasonably intruding on a potential employee's personal affairs or breach the Human Rights Act by using health screening to discriminate against the applicants. Recruitment FAQs Frequently asked questions Can I change my mind after hiring someone? If you have offered employment and they have accepted, they are now 'an employee expecting to work'. This means that unless there are conditions in the offer of employment, such as a police check or drug test, you may not be able to just change your mind. We'd recommend seeking advice. Do all employees need a contract or just full timers? All employees should be given a contract, prior to starting work. This ensures that they understand their obligations to you and yours to them prior to accepting employment. Failure to provide a contract could be considered a breach and could result in miscommunications which place stress on the employment relationship. How do I know if I'm hiring a casual employee? A casual employee has no guaranteed hours of work, no regular pattern of work, and no ongoing expectation of employment. They can decline any shifts offered. What's the difference between an employee and a contractor and do they need a contract? An employee works for you, a contractor is in business for themselves. While contracting agreements do not need to be in writing, doing so ensures that both contracting parties knows where they stand. Is everyone automatically on a 90 day trial? No. They need to agree to it, so it must be in their offer letter and their contract. How do I know what to put in a contract? No. They need to agree to it, so it must be in their offer letter and their contract. General FAQs Request support Hiring Documents
- Level 2: The beginning of the employment relations
This module is designed to give you a good grounding in the basics of employment law and HR practices for creating a good employment environment. This includes advertising, interviewing, reference checking, contracts and induction. At the end of this module you should be able to confidently do these things with assistance from the Employer Direct document library. Once you have completed this modules, your skills and knowledge will be assessed through online quiz.
Why an induction is important Inducting your new employees serves three purposes. You ensure that they feel welcomed and acclimatise to their new workplace. This helps with staff retention and engagement You ensure that they hit the ground running, know how you operate and what your policies are. This ensures that you get the best out of them and that any questions can be raised early on In the event of a breach of procedures, policies or a failure to fulfil their duties, you have a record that they have been shown the correct way to work. This may be helpful if these issues reoccur and disciplinary processes are required. What to include in inductions At a minimum, we would recommend that new employees are inducted in these areas How and where their job takes place (ie, tools they have, any uniform, their team, etc) Daily procedures (ie, where rosters or timesheet are, where they can take breaks, where they work, etc) Leave processes Health and safety information Company policies How to induct: This will vary depending on the experience and needs of the new employee. However we recommend that you use the Employer Direct Induction guide which will guide you to perform an induction on their first day, first week and provide regular check ins. This can be delegated to another employee as their mentor. Induction forms a key role in probationary periods It is important that employees on probationary periods are thoroughly inducted. In the event that the probationary period is not successful, then you are required to have raised these issues before ending the probationary period and give the employee time to improve. Review these documents: Employer Direct Induction Manual Template Employer Direct Guide - New Starts
- Congrats! You have completed Level 2.
Next up, start working on Level 3: The ongoing employment relationship.