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Rights & Responsibilities Rights Blog Tips for employers As an employer, what do I have to do? According to employment law, you must act in good faith, remain communicative and uphold the Employment Relations Act whether you are a large or small business. What documents do I have to keep? You need to keep records of pay, holiday pay and other leave entitlements. You also need to keep copies of employment agreements and amendments or changes to employment conditions. You should keep documentation of any issues, both with an employee and health and safety concerns. This is not an exhaustive list, and if you have any areas of concern then we recommend seeking advice from an employment law specialist. Why does it seem that the employee has more rights than the employer? It can sometimes seem this way! Employers have the same rights as an employee to a safe working environment and employees do need to act in good faith and remaining communicative as well. However most processes do work to guide the employer in order to protect them from grievances and making errors as they have more control over the employment relationship than an employee. Rights FAQs Frequently asked questions Does an employer have to give a reason for terminating under 90 day trial? You should where possible if an employee asks Can I ask an employee to leave if I'm worried about their affect on my business? It depends. This may be considered a suspension so we would recommend that you have a good reason and seek advice. What can I do if an employee treats me badly? You have the same entitlements to safety and wellbeing as your employee. You must however ensure that you act in good faith. Do I have to give a reference? No, unless you have a policy or clause that says otherwise. Can I deduct money from an employer (ie, if I overpay them)? You can only deduct legal requirements like tax and child support payments without authorisation. Everythingelse needs to have the employee's consent. Can I penalise an employee for things they do in their personal time or things they say on social media? Potentially. If an employee can be seen to be representing the business then you may be able to take action. This includes on social media. However we recommend seeking advice beforehand as this may be a fine line. Do I only have to say nice things in a reference? No, however you must be truthful. We'd recommend avoiding malicious or disparaging claims. General FAQs Request support Workplace Policies

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 believe that good HR should: Tailor solutions to your business and your needs Not cost an arm and a leg. No hidden costs here! Deliver what it promises and be there when you need it Be honest and pragmatic. You need to know if there could be issues! If this sounds like something your business would benefit from, then you should give us a call or book in a time for a no strings attached consultation. You've got nothing to lose and we guarantee you'll take away at least something to ponder! Call now Enquire Did someone say... FREE?! Because we believe that good HR shouldn't cost an arm and a leg, we're sharing some of our best resources for navigating the complexities of human resources and employment law with you... for free! Show me! Six very good reasons to team up with Employer Direct: 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."

Frequently asked questions General FAQs Seek advice Do I have to give my employees breaks? Rest breaks benefit employers by ensuring that employees are refreshed, safe and productive. Failing to provide breaks could be a health and safety issue. An employer must pay an employee for rest breaks but meal breaks may be unpaid. Legislation sets down an employee's minimum entitlement to breaks and if these cannot be agreed upon between an employee and employer, then the employer should provide breaks at regular intervals, where practicable. If it is genuinely not practicable to provide breaks you may be able to compensate employees instead, however we recommend seeking advice on this. Seek advice When is an employee 'casual'? Do they still get sick leave, public holidays and leave? 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. They still receive annual leave, public holiday pay and in many cases sick leave. Their contract must state that they are casual employees. Seek advice What's the difference between an employee and a contractor? An employee works for you, a contractor is in business for themselves. A contractor is not an employee, however in some cases they may be 'dependent contractors' where they are seen to have the same rights as an employee. Seek advice An employee raised a grievance. What happens now? Depending on what the grievance relates to you may wish to attempt to resolve this informally or attend mediation. If you decline mediation, or it is unsuccessful, the employee can apply to the Employment Relations Authority (ERA). They are able to determine the outcome of their grievance. Seek advice I have a difficult employee? How do I deal with this? Can I just sack them? Depending on what makes this employee difficult, you may like to attempt to provide some feedback or invite them to a formal meeting. Whatever you do, you should always follow good process and ensure you are acting fairly and in good faith. You cannot terminate an employee without following the appropriate process. Seek advice An employee said they're being bullied? How do I know its really bullying? Bullying can be defined as 'repeated, unreasonable behaviour'. If there has been an allegation of bullying, it is important that you deal with this. One solution might be to attempt to mediate between the employees, coach the manager on their leadership style or to remove the problem by separating them. Each situation is different. If in doubt, seek advice. This is designed to briefly answer some common questions. Situations can be complex and this is by no means exhaustive. We always recommend seeking advice about your specific situation. Have a different question? Try these Covid-19 Disciplinary Hiring Ask us How to guides Test your employment knowledge Think you have a good grip on employment law? Test your knowledge here with our employer's quiz Knowledge Quiz

All posts Mythbusting Mondays General Personal grievances 5 ways to... Disciplinaries Employer how to Redundancy Covid 19 Employer Support Workplace issues Your questions answered Workplace bullying Search Log in / Sign up 2 min Employing Casual Workers? Beware of the risks! Employing staff under casual agreements in New Zealand can be a convenient option for many businesses but it can have risks 2 min Employer Guide to: Workplace Stress in NZ Workplace stress can be a significant concern. By implementing strategies to prevent and manage work stress effectively, New Zealand employe 2 min Employer Guide to: Wage Deductions in New Zealand Unlawful wage deductions can lead to legal troubles and damage your relationship with employees. This guide will help you navigate the rules 2 min Employer Question: What is the ERA? The Employment Relations Authority (ERA) is an independent entity in New Zealand responsible for resolving employment relationship problems, 2 min Employer Guide to Mediation #EmployerGuide In New Zealand, MBIE provides free mediation offers a powerful tool for resolving such conflicts amicably and efficiently,... 2 min Employer question: How do I use a 90 day trial safely? #yourquestionsanswered How should an employer go about employing and dismissing people on a 90 day trial? With the new government's... 1 min Employer question: What is 'gardening leave'? #yourquestionsanswered What does it mean to put an employee on gardening leave, and do they have to agree? Garden leave is when an... 1 min Employer question: What does 'good faith' mean in an employment relationship? #yourquestionsanswered How do you act in good faith, and why should you? Acting in good faith is a legislated requirement for both... 2 min Employer Guide: Paying your employees on public holidays A general guide to how to work out who to pay what on public holidays this festive season. 2 min 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?... 2 min 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.... 2 min What is pay equity and how does this impact your business? #yourquestionsanswered An employee can raise a pay equity claim with their employer if they do work that is (or was historically)... 2 min Your questions answered: How do I deal with frequent absenteeism? #yourquestionsanswered When an employee fails to turn up for work without letting you know, it can really throw a spanner in the works.... 2 min How would HR support benefit my business? Why we are the support team you need! 2 min I want to withhold my employees pay, is this legal? Even if they've crashed the work car, you should proceed carefully if you're thinking about deducting from an employee's wages. 2 min Employer Guide: What are Personal Grievances (Part 2) Personal grievance? What does that mean? What should you do if you receive one? 2 min 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... 2 min Employer Guide: What are Personal Grievances (Part 1) #employerguide What does it mean if you receive a personal grievance and what should you do? What does it mean when a grievance is... 2 min Minimum wage is going up: How to make sure your business is ready! #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... 2 min Mythbusting Mondays: Casual Employment Casual employment is a tricky one to get right... and some employers think it can be a good way to get around employment entitlements

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