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#yourquestionsanswered There are several benefits for a business using an human resources (HR) professional, including taking some of the weight off your shoulders! 1. Most importantly, more time ... to focus on the important things in your business and in your life! Less stress, more time and quick and easy answers to complex employment law questions means more time to develop your business, focus on the things your an expert at and to spend time with your family and friends. 2. Compliance with Employment Law. Employment law is constantly evolving in New Zealand, and it can be challenging for businesses to keep up with the changes. An HR professional can help ensure that the business is complying with all relevant employment laws, such as the Holidays Act, the Minimum Wage Act, and the Employment Relations Act. 3. Recruitment and Selection An HR professional can help businesses find and hire the right employees for their needs. This includes developing job descriptions, screening resumes, interviewing candidates, and conducting background checks. 4. Training and Development An HR professional can also help develop and implement training and development programs for employees. This can help improve their skills and performance, which can lead to increased productivity and profitability. 5. Employee Relations An HR professional can also help businesses manage employee relations, including dealing with grievances and conflicts in the workplace. They can also provide advice on performance management and disciplinary actions. 6. Benefits and Compensation An HR professional can help businesses develop and implement employee benefits and compensation programs. This can help attract and retain top talent, and can also help ensure that the business is offering competitive compensation packages. So how much does this cost a business? Well it depends on who is doing your HR for you. According to data from the New Zealand Human Resources Institute (HRINZ), the average cost of HR per employee in New Zealand is around NZD $2,500 to $3,500 per year. That's a lot! How much does Employer Direct cost per year? We aim to provide cost-effective, trustworthy employment law and HR support so our plans start from $200 +GST per month, no matter how many employees you have. Want unlimited one-on-one time with our consultants? That's $4,000+GST per year, no matter how many employees.

#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.

#employerguide So now you know about the basics of a personal grievance, let's talk about why they might be raised and some scenarios. If you haven't read Part 1, we'd recommend checking this out first. An employee might raise a personal grievance in New Zealand for a variety of reasons. Here are a few examples: Unjustified dismissal This is when an employee believes that they were fired without proper justification, such as for discriminatory reasons or without following the correct disciplinary procedures. Example: Jon dropped a pallet of stock yesterday, and his supervisor told him to pick up his things and not return. Harassment This could involve verbal or physical abuse, or persistent unwanted behavior, such as bullying, racism or sexual harassment. Example: Sarah works in a restaurant and her co-worker keeps telling her that she is "too fat" to work behind the bar. Failure to follow proper employment procedures. This includes situations where an employer does not follow the correct procedures for things like redundancy or restructure, or where they do not provide the proper notice of changes to an employee's employment conditions. Example: Justin was late to work today and his boss immediately gave him a written warning. without following any process. Unpaid wages In addition to paying below minimum wage, this could include an employer withholding an employee's final pay, docking pay without agreement, or reducing an employee's pay rate without their agreement. Example: Aroha's employer keeps deducting from her pay without her consent because she scratched the work van during a delivery. It's important to note that these are just a few examples, and there are many other issues that could give rise to a personal grievance. As an employer, it's crucial to take all grievances seriously and investigate them thoroughly to find a fair and just resolution. Failure to do so may escalate a more minor niggle into an untenable situation and risk the employee feeling constructively dismissed. Want to know more about constructive dismissal? Click here

#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.

#employerguide What does it mean if you receive a personal grievance and what should you do? What does it mean when a grievance is raised? When an employee raises a personal grievance, it means there's an issue related to the employment. This could be because of unjustified dismissal, discrimination, harassment, or failure to follow proper employment procedures. As an employer, it's important to resolve the issue in a fair and timely manner so that it doesn't escalate. What should an employer do if they receive one? Firstly, take a deep breath before you do anything. The prospect of dealing with a grievance can be stressful and sometimes feel personal but responding in the heat of the moment is unlikely to help the situation. Then take investigate the issue (if applicable) and take advice. Do you have to respond? It's a good idea to do so to have the best chance of resolving the issue in the most cost- and time-efficient way.. Taking advice might help you decide how or if to respond and whether you want to seek a resolution. What if you can't resolve it between you? You or the employee may choose to file for mediation. Mediation is a free and voluntary process where an impartial mediator will attempt to help you come to an agreement. Mediation is confidential and 'off the record', so nothing discussed in it can be brought up again. What if mediation doesn't work? If mediation doesn't work or the parties don't attend voluntarily, the dispute may proceed to the Employment Relations Authority (ERA). At the ERA the Member, an independent third party, will make a decision on the matter. Most employers want to avoid this outcome if possible however, as it can be costly, time-consuming and is no longer confidential. To resolve a personal grievance, it's crucial for employers to follow fair and reasonable procedures and act in good faith. If they don't, it could lead to further legal action and harm their reputation. That's why it's recommended for employers to seek legal advice and support throughout the process. Want to know why grievances might be raised? Check out part 2 here.

#employerhowto The minimum wage is currently $21.20 but will increase by CPI of 7.2% at the end of the financial year. Make sure your business is prepared! What will the adult minimum wage be? The minimum wage will rise by $1.50 per hour to $22.70. Other types of minimum wages These are paid at 80% of the adult minimum wage but have requirements. The starting out minimum wage. This can be used for those 16-19 years old the first six months of their employment only. After six months or if they are training or supervising others, they must be paid the adult minimum wage. The training minimum wage. This can be used for those 20 and over who are doing at least 60 credits of external training in their field per year. This does not apply if they are being trained at work rather than in an approved training programme or if they are no longer completing 60 credits. When does this increase happen? The minimum wage goes up at the start of the new financial year on April 1st 2023. What must employers do? Before the new financial year, work out how many, if any, of your employees are being paid under $22.70 per hour. They will all need to increase to at least the new minimum wage on April 1st. Good record keeping is important, and we recommend a variation to their employment agreement to reflect this. What if you don't pay minimum wage? This would be a breach of employment law and could result in backpay, compensation and penalties which could amount to tens of thousands in the worst case scenario. That's a big risk for for a $1.50 per hour! What about other employees? In addition, we recommend reviewing all your employees' pay rates to check that you are accurately reflecting their current role and duties paying in line with others in the industry rewarding those who are contributing the most to your business Why is this important? While its not a legal requirement, it is important for morale, low attrition rates and a culture of motivated and engaged employees. Remember, any changes don't just have to be monetary. Bonuses and work perks can be just as well received as a higher pay rate if they are meaningful to your employees.

#mythbusting Some employers think that casual employment is an easy way to have flexible staff and avoid paying out sick leave and other entitlements. Unfortunately, it's not that simple! What is genuine casual employment? Genuine casual employees do not have a pattern of work or an ongoing expectation of work. Each time they accept work, whether that is for a shift or a week of shifts, it is considered a new engagement. Employers don't have to offer any work, and employees don't have to accept it if they do. What entitlements do they get? Always: Minimum wage 8% annual leave paid as they go Kiwisaver Time and a half for public holidays (and a day in lieu for public holidays if it's an otherwise working day) If they have worked for the you for six months for an average of 10 hours per week, and at least one hour in every week or 40 hours in every month: Sick pay Bereavement leave Domestic violence leave When is it not genuine casual employment? If an employee has a pattern of work, ie, works every Friday or 5-10 hours every week, they may not be genuine casuals. What happens if you get it wrong? If an employee isn't a genuine casual, they may be able to raise a grievance and you may need to repay them an entitlements that you have not given them. This can include paying their annual leave in a lump sum, even if you paid 8% as they go. This is even the case if they have a casual contract. If you stop giving them work or dismiss them without following a good process and they were not genuinely casual, then they may be able to seek compensation or reinstatement. In a nutshell... Its better to err on the side of caution and keep an eye on the work patterns of any casual employees as you go. If in doubt, seek advice.

#5ways Empowering employees is a crucial aspect of building a successful and productive workforce! When employees feel empowered, they are more engaged, motivated, and committed to their work. This, in turn, leads to increased productivity, better customer service, and improved overall performance! 1. Autonomy No one likes being micromanaged, and no employer has time to watch over every step of every process. One of the key ways to empower employees is to give them autonomy and trust. This means allowing them to make decisions and take ownership of their work and in return, you'll probably find that they feel empowered to go above and beyond. 2. Give them the tools they need Another important aspect of empowering employees is providing them with the necessary resources, training, and support to do their job effectively. It can be hard to feel empowered if you don't have what you need to do your best. This includes access to the relevant technology, ongoing professional development, but most importantly the time and staffing levels that allow them to achieve. 3. Communicate with them Communication is also a key element in empowering employees. Regular, open, and honest communication helps to build trust and create a positive work environment that empowers your team. Knowing what your business goals are and how they can contribute can make for an engaged and motivated workforce. 4. Listen to their initiatives They're on the ground day to day, so they know your business in a way that you might not. Employees that know that they will be listened to are more likely to think creatively, come up with new ideas, and take initiative which might mean a better way of doing things, new products or even just less time giving direction. 5. Recognise and reward them Finally, recognizing and rewarding employees for their contributions is an important way to empower them. Acknowledging their hard work, celebrating their achievements, and providing opportunities for growth are all key to an empowered, focused team. Even something as simple as a quick, sincere congratulations could make all the difference

What is it? Medical incapacity is a term used to describe an individual's inability to work due to a medical condition or illness. This might be a permanent condition, or one that they could recover completely from. Either way, an employer may need to consider this if they cannot work around the employee's condition. But it certainly should not be rushed into! What should an employer do before considering medical incapacity? If you are concerned that an employee is not going to be able to return to their role, either for a significant period or indefinitely, before doing anything, an employer should start by considering what their employment agreement says whether the business can operate without them until they can return fully? if they can't, could the role be filled in a casual capacity, by a temp or by another employee for the temporary period that you need the role covered? Note: We don't recommend replacing them permanently while they are still employed, this could be unlawful! The medical incapacity process First and foremost, this is a process! You must consult the employee before making any decisions. The employee needs to know that this could affect their employment as well, so it needs to be a formal and documented process. This process involves knowing what the employee says what their medical experts say if there are alternative hours or roles that they could, and would, do? ... before you make a decision! As with any process, there can be a lot of risk if you get it wrong so we recommend that you seek advice before starting it.

The Great Resignation or The Big Quit is a growing phenomenon which is affecting businesses in USA, Europe and even China. A recent AUT study found that about half as many people are committed to sticking with their job this year compared with 2020 which means that this trend is likely to happen right here in NZ. How can you navigate the great resignation as an employer? 1. Understanding the Cause To solve a problem, first you need to understand it. According to a Harvard Business study, resignation rates are the highest among so called mid-level employees, typically those aged between 30-45. Previously the most common age group was 20-25 year olds. The study states three possible reasons: Mid-career (30-45 year olds) employees are in more demand as companies with remote work policies may not be keen to take on inexperienced new employees without supervision, thus giving them greater leverage in securing new positions They might have resigned earlier but felt things were too uncertain, so the boost we’ve seen over the last several months could be the result of more than a year’s worth of pent-up resignations Many of these workers may have simply reached a breaking point after months and months of high workloads, hiring freezes, and other pressures, causing them to rethink their work and life goals Let's look at some ways to counteract these forces so that you can navigate this complex time... 2. Improve the Remuneration Package While the amount of pay your employee earns is not always the only factor in whether they will continue working for you, it does play a huge role. For instance, if they are not making ends meet because of rising interest rates, cost of living and general inflation, they may start to look elsewhere. Because of the labour shortage we are experiencing in NZ currently, there may be plenty of roles advertised that offer more pay. Solution: Aside from the obvious pay rise, there may be other options which can help your employee to feel valued and able to make ends meet. For instance: If they are trying to get into the housing market, you could discuss making higher contributions to their kiwi-saver so that they could afford a deposit sooner. Another idea is reducing their costs of coming to work. Are they able to permanently do their job remotely only requiring them to come into the office when needed? The cost of public transport or parking in cities can be upward of $200 a month - making this adjustment doesn't cost your business a cent and some studies have shown that employees work more efficiently from home. Top tip: To check if you are competitive with what you are paying your employees - check out https://www.glassdoor.co.nz/Salaries or advertised roles on Seek.co.nz and Trademe. 3. Increase Flexibility Having flexibility in your work is extremely valuable to employee. So while other advertised jobs may pay more than you do, having the flexibility to pick up kids from school, or work from home from time to time to be there when the kids get sick or to do other things, can be huge incentives to remaining with your business. Top tip: if your employee has been under a lot of stress, could you as a gesture of good will give them a paid week off? It may sound crazy, but helping to prevent your staff from burning out may be worth far more than a weeks wages in the long run. 4. Improve Your Environment Obviously if a workplace environment is toxic, an employee will be looking to move on ASAP. They might even take a pay cut to get out of it. Especially if they have been working from, or just staying home over lockdowns, they may notice how much a toxic work environment was impacting them and may want to remove it from their lives. Solution: It's never too late to start improving your work environment. See this article on how to increase team morale. Reasonable employees will see that you are putting in effort to improve things. Better still, if you enlist their help, they will feel part of something greater than themselves and this sense of purpose may motivate them to stay with the team to gain the satisfaction of seeing the results. 5. Build Relationships While the employer-employee relationship can seem one-dimensional, getting to know your employees as real people and fostering healthy working relationships can be invaluable in building loyalty and unity - two powerful traits that will help them to feel an attachment to you and your business. Checking in regularly with your employees to see how they are coping with these changing times, keeping the lines of communication open and commending and expressing your appreciation for them will help your employees to feel valued. In conclusion... There is no silver bullet when it comes to solving this issue. After trying all of these steps, an employee may have simply decided it is time for a change and may still leave. But creating a positive working environment, building relationships with your staff, creating flexibility and offering competitive remuneration packages will all help to make your business a place where people want to be. And don't forget, if people are looking to change jobs, they may be looking at your business as viable option, so having these things in place will increase your chances of attracting new talented people to your team.