Workplace Wellbeing Guide 2: Guide to Employment Law

View Guide as PDF: Guide 2

Employment Relations Act 2000

The EmploymentRelations Act 2000 introduced a number of changes to how employers, employees and unions conduct their relationships. From 1 December 2004 the Acthas been amended to further promote good faith as the basis for employment relationships.

From 1 April 2009 the Act also requires employers to provide regular rest and meal breaks, as well as appropriate facilities and breaks for employees who wish to breastfeed or express.

Employment Relations (Flexible Working Arrangements) Amendment Act 2007

The Employment Relations (Flexible Working Arrangements) Amendment Act 2007 came into effect on 1 July 2008. The Act gives employees with caring responsibilities the right to ask their employers for flexible working arrangements – arrangements such as flexi-time, home-working, careerbreaks, term-time working, altered hours or job sharing.

To be eligible for the “right to request”,an employee must have been employed by their employer for 6 months prior tomaking the request. When making the request, the employee must explain how thevariation will help the employee provide better care for the person concerned.

The Act requires employers to consider the request for flexible working arrangements and outlines the only grounds upon which they can refuse a request. The Act also provides a process for how requests are to be made and responded to.

Employers and employees may seek general assistance from a Labour Inspector about requests for flexible working arrangements under the Act.

Criminal Records (Clean Slate) Act 2004

Under this Act, an individual who has a minor conviction and has not re-offended for seven years does not have to declare this information in most circumstances. This does not apply to sexual offending and full criminal records will still be available during Police investigations or Court proceedings, or for sensitive types of employment, such as the care of children or national security.

Equal Pay Act 1972

Prohibits employers from differentiating between employees solely on the basis of gender in areas such as conditions ofwork, fringe benefits and opportunities for training, promotion and transfer.

Holidays Act 2003

Sets out employees’ entitlements toholidays and holiday pay, and employers’ obligations in relation to the timing of annual leave and calculating holiday pay.

Health and Safety in Employment Act 1992

The purpose of this Act is to promote the prevention of harm to all people at work and to others who are in, or in the vicinity of, workplaces. The Act requires employers and others to maintain safeworking environments and to implement sound health and safety practices.

Human Rights Act 1993

The Human Rights Act prohibits discrimination on certain grounds, including in employment. It is illegal to discriminate against someone because of their gender, marital or family status,religious or ethical beliefs colour, race or ethnic or national origin,physical or mental disability, age, political opinion, employment status, orsexual orientation.

The Human Rights Commission has a disputesresolution process which involves trying to resolve a complaint by mediationbefore sending it to their Review Tribunal.

Immigration Act 1987

Requires employers to ensure that tax codeforms completed by the employee include a signed declaration that the employeeis entitled to work for that employer. Non-residents require a work permit to work in New Zealand.

Minimum Wage Act 1983

Legislates for minimum wages – check the Department of Labour website, www.ers.dol.govt.nz for current minimum wage levels.

Parental Leave and Employment ProtectionAct 1987

The Parental Leave and Employment Protection Act 1987 covers employees’ entitlements to parental leave, including special, maternity, paternity, extended and paid parental leave.

Paid Parental Leave Act 2002

The Parental Leave and Employment Protection (Paid Parental Leave) Act 2002 provides both job protection andcontinued income for workers during their period of maternity leave.

Employees who have been in a job for at least six months can receive their full average pay or a portion of it for a period of up to 14 weeks, and their jobs must remain open to them for up to ayear (unless there is good reason not to do so).

Due to strict eligibility requirements, New Zealand women who are self-employed, some homecare and seasonal workers, and some workers in long-term contracts with the same employer are entitled to neither paid parental leave nor job protection. The Government has made a commitment to do further work on the question of women who are self-employed.

Privacy Act 1993

The Privacy Act governs the responsibilities of a person or organisation that collects, stores, discloses or uses personal information about identifiable individuals. An organisation must appoint a member or employee to be the organisation’s privacy officer.Their job is to:

• Encourage compliance with the Privacy Act
• Deal with requests made to the organisation relating to personal information
• Help the Privacy Commissioner investigate any complaint.
• Wages Protection Act 1983

Requires employers to pay the employee the entire amount of wages payable, unless the employer is entitled to make certain authorised deductions.

Resources

• Guide 3: The Employment Relations Act 2000
• Guide 4: Employment Agreements
• Guide 5: Minimum Employment Rights
• Guide 6: The Human Rights Act 1993
• Guide 9: Work-Life Balance
• Guide 10: Health and Safety

Information

www.acc.co.nz– Accident Compensation Corporation website

www.ers.dol.govt.nz– The Department of Labour Employment Relations Service website – covers manyareas of employment law in depth and discusses models for best practice

www.hrc.co.nz– Human Rights Commission website

www.keepingitlegal.net.nz– Keeping It Legal E Ai Ki Te Ture – jointly produced by the New ZealandFederation of Voluntary Welfare Organisations and the Office for the Communityand Voluntary Sector. Keeping It Legal covers many of the legal obligations ofcommunity organisations and much of the employment legislation discussed inthis guide in considerably more depth.

www.legislation.govt.nz– the government’s official legislation website – holds the most up to datelist of Acts, Bills and Regulations. Copies of the Acts listed here can beaccessed from this site.

www.osh.dol.govt.nz– Occupational Health and Safety website

www.privacy.org.nz– Office of the Privacy Commissioner

The Department of Labour EmploymentRelations Service, Community Law Centres, Trade Union Centres, employers’associations and the Human Resources Institute of New Zealand all offerinformation and support.