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Workplace bullying is a serious issue that can impact employee well-being, productivity, and company culture. When an employee reports bullying, there's a legal and ethical responsibility to address it promptly and effectively. Here’s some suggested steps: 1. Take Complaints about an Employee being bullied seriously The first step is to listen. Show empathy and assure the employee that their concerns are taken seriously. Ignoring or dismissing complaints can lead to further distress and potentially higher legal risk. According to the Health and Safety at Work Act 2015 , employers must ensure the workplace is safe, including protecting employees from bullying. 2. Have and Follow a Clear, Documented Process Develop and maintain a clear anti-bullying policy that outlines what constitutes bullying, how to report it, and the steps the company will take to address it. Ensure all employees are aware of this policy, and managers are trained on how to implement it. When a complaint arises, follow the established procedure, including documenting every step to maintain transparency and fairness. 3. Conduct a Thorough Investigation When bullying is reported, employers should conduct a neutral and thorough investigation. This may involve: Interviewing all parties involved, including the complainant, the accused, and any witnesses. Reviewing any relevant documents, emails, or recordings. Ensuring the investigation is confidential to protect the privacy of all parties. 4. Take Immediate Action Where Necessary If the investigation finds that bullying has occurred, take prompt action. This could include: Disciplinary measures against the offender, ranging from warnings to termination, depending on the severity. Support measures for the victim, including counseling or adjustments to their work environment. Looking into how bullying can be prevented in the future 5. Prevent Future Incidents Prevention is key. Establish a culture of respect and inclusion, and make it clear that bullying behavior will not be tolerated. Regular training sessions can help employees and managers understand what constitutes bullying and how to address it. Encourage open communication and create an environment where employees feel safe to speak up. How Employer Direct Can Help We specialize in supporting businesses with robust HR processes that protect both employers and employees. Our team can assist you in creating clear, legally compliant policies and provide guidance on handling sensitive issues like bullying. By partnering with us, you can ensure your workplace remains respectful, productive, and safe. Need help managing complex HR situations?  Reach out to Employer Direct for tailored advice and solutions to keep your team safe and your business compliant. Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.

Recently, the Crimes (Theft by Employer) Amendment Bill passed its second reading, marking a critical step towards criminalizing wage theft in New Zealand. This bill aims to make intentional non-payment of wages a criminal offense, bringing it under the Crimes Act. What is Wage Theft? Wage theft can occur in various forms, some of which might be unintentional. The Bill focusses on intentional non-payment but even unintentional wage theft can get employers into hot water under employment law. Some examples can include: Unpaid Overtime : Not paying waged employees for extra hours worked beyond their contracted time. Failure to Pay Minimum Wage: Paying less than the mandated minimum wage, even if both parties agree, is illegal. Misclassifying Employees as Contractors : Labeling employees as independent contractors can lead to unpaid benefits such as holiday and sick pay. Unauthorized Deductions : Deducting costs for training, tools, or uniforms without documented consent from the employee. "Off-the-Clock" Work *: Requiring tasks before or after scheduled shifts without compensation. How Employer Direct Can Support Employers Navigating wage regulations can be complex, especially as new legislation emerges. Employer Direct provides businesses with streamlined HR solutions that ensure compliance and minimize the risk of wage disputes. Our experienced team offers a free DIY HR checklist identify potential risks and provides guidance on best practices for payroll and employee classifications. By partnering with Employer Direct, businesses can focus on growth, knowing that their HR processes are legally sound. Stay proactive by keeping accurate records, updating wage rates, and documenting all agreements. For more guidance on safeguarding your business from wage theft claims, contact Employer Direct for a consultation today. Need peace of mind about your payroll or HR practices? Reach out to Employer Direct today for expert advice, a free audit, and ongoing HR support that keeps your business compliant and your team happy. Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.

As a small business owner or entrepreneur, balancing day-to-day operations with HR management can feel like a never-ending challenge. Your focus is on growing your business, serving customers, and ensuring your team stays productive. But the complexity of New Zealand’s employment laws, along with the risk of costly legal mistakes, can make HR a constant source of stress. That’s where we come in, offering a practical solution that empowers small business owners to streamline HR, reduce risks, and focus on what really matters—running a successful business. The Struggles of Small Business HR Many business owners, especially those running small to medium-sized enterprises, face the daunting task of managing HR without a dedicated team or expert. Here are some common pain points: Compliance headaches : Navigating the ever-changing landscape of employment law, ensuring contracts are up-to-date, and avoiding costly legal disputes. Employee relations : Handling disputes, ensuring staff are happy, productive, and compliant with company policies. Time constraints : As a business owner, you're already stretched thin—balancing HR tasks with core business activities can be overwhelming. While some entrepreneurs attempt to DIY their HR by attending workshops or consulting general advisors, these efforts often lead to frustration. Managing HR without expert help can create unnecessary risks and increase stress. Employer Direct: Your Easy HR Solution At Employer Direct, we understand the unique challenges faced by small business owners. That’s why we’ve designed a cost-effective, easy-to-use HR service tailored to your needs. We simplify the complex, giving you peace of mind with employment law and best practices, so you can focus on growing your business. Our offerings include: Free consultation : We start with a free, no-obligation consultation to talk about your current HR set up and your pain points. Expert advice : Led by Paul, an industry expert with a 99% success rate in the Employment Relations Authority, our team provides the legal and HR support you need to stay compliant. On-demand resources : Access to templates, checklists, and expert support that reduce the time and effort you need to put into HR tasks. Why Choose Employer Direct? Cost-Effective Solutions : For a simple monthly fee, you gain access to all the resources, expert advice, and tools you need to keep your HR in order. This means no lock-in contracts—just the help you need when you need it. Tailored for Small Businesses : We know what it’s like to run a business. That’s why our systems are designed to fit businesses with lean teams who can’t afford a full-time HR department. Minimize Legal Risks : The average settlement cost of an employment dispute in New Zealand exceeds $29,000. With Employer Direct, you avoid these costs by ensuring compliance from the start. More Time for What Matters : Outsourcing your HR to us means more time to focus on your business, less stress over compliance, and more time for what really matters—your customers and your family. Next Steps: Let’s Take the Stress Out of HR There’s no need to juggle HR alongside your core business operations. Let Employer Direct handle your HR complexities, so you can get back to focusing on your business. Book your free audit today and take the first step toward simplified, stress-free HR management. With simply subscription plans, no long term lock-in contracts and expert support just a phone call away, there’s no reason to wait Get in touch   with Employer Direct now and see how we can help your business thrive!

When considering hiring a new employee in New Zealand, it's important to factor in the various costs involved in the process aside from the obvious wage or salary. Here's a few things to consider: 1. Recruitment Advertising the job position. For instance the cost to post to Seek or Trademe The time it takes to screen and interview applicants, and reference checks. Time is money when you run a business, and this can take a lot of time. Recruitment agency fees if you decide to use one 2. Training and Development Onboarding costs. Your new recruit will need to be inducted to your workplace and the role, and may not be 100% productive until they are settled in Training programs and development. It can be hard to find the perfect candidate, so you may need to invest in upskilling them early on. 3. Equipment and Workspace The tools they need for their role. Whether it be computer/laptop, desk and chair, office supplies or a ute and new tools, this can be an expensive outlay. 4. Employee benefits Whether you offer health insurance, fuel card, additional Kiwisaver payments, or something else, these costs can sneak under the radar. Top Tip: It pays to get it right as hiring an employee can be a significant investment. Where possible, we'd recommend not hiring someone who is 'ok' just to fill a gap, if you can wait for the right person to fit with your business. Here's a handy tool to give you an estimate of the cost to hire in your industry: https://www.business.govt.nz/employeecostcalculator Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.

Employing staff under casual agreements in New Zealand can be a convenient option for many businesses. However, the allure of flexibility comes with its own set of risks and challenges. In this article, we will delve into the potential pitfalls associated with casual employment agreements for employers in NZ, offering insights on mitigating risks effectively. A genuine casual worker Does not have a pattern of work Does not have an ongoing expectation of work Can accept or decline any work offered And if this doesn't apply to your casual worker, then you could actually have a permanent employee. But I gave them a casual employment agreement and they agreed! The employment agreement is important, but more so is the actual nature of the employment relationship. Sometimes the nature of the employment can change over time, or if may never have been genuinely casual in the first place. We've also seen employers get confused between what permanent part-time employment, trial periods and casual employment look like, without meaning to do anything wrong. What happens then? Well there may be a risk that your casual worker can claim to be permanent employees. And if this goes to the ERA you may find you are directed to pay them compensation and their entitlements, such as accrued annual leave, even if there was an 8% loading on their pay. If you were to dismiss them, then this may also be decided to be an unlawful dismissal. So what should an employer do? If you have casual employees, regularly check whether they are still a genuine casual. If not, seek advice as you may need to consider whether they should have their employment changed to permanent part-time. And don't use a casual employment agreement to trial a new employee, that could be risky.

Workplace stress , also known as occupational stress, can occur when the demands of a job exceed an employee's ability to cope with them. Work stress can affect employees across various industries. Factors such as heavy workloads, tight deadlines, lack of autonomy, poor communication, and work-life imbalance contribute to heightened stress levels among workers. Four ways you could help prevent stress in your workplace: Promote Work-Life Balance. Encourage employees to maintain a healthy work-life balance by implementing flexible work arrangements, promoting time off, and discouraging overtime work. This can help reduce burnout and improve overall job satisfaction. Foster a Supportive Work Environment. Create a culture of support and open communication within the workplace. Encourage employees to share their concerns and provide avenues for seeking help or professional support when needed. Provide Training and Resources. Equip managers with the necessary training to identify signs of stress in their team members and provide appropriate support. Offer resources such as employee assistance programs and mental health services to address work stress effectively. Establish Clear Expectations. Clearly define job roles, responsibilities, and expectations to reduce ambiguity and confusion among employees. Setting realistic goals and timelines can help manage work stress and improve productivity. Benefits of stress prevention in the workplace By actively addressing workplace stress, employers can reap numerous benefits, including: Increased employee morale and job satisfaction. Improved productivity and performance. Reduced absenteeism and staff turnover. Enhanced organizational reputation as a supportive employer. Workplace stress can be a significant concern. By implementing strategies to prevent and manage work stress effectively, New Zealand employers can create a healthier and more productive work environment for their employees. Prioritising employee well-being not only benefits individuals but also contributes to the overall success of the organization. Remember, a stress-free workplace is a productive workplace!

As an employer in New Zealand, it's crucial to understand the laws surrounding wage deductions to ensure compliance and maintain a fair working environment. Unlawful wage deductions can lead to legal troubles and damage your relationship with employees. This guide will help you navigate the rules and regulations, so you can manage wage deductions correctly and ethically. What are Wage Deductions? Wage deductions refer to amounts subtracted from an employee's gross pay. These can be for various reasons, including tax obligations, KiwiSaver contributions, student loan repayments, and occasionally specific costs related to employment. While some deductions are mandatory and lawful, others require specific conditions to be met to ensure legality. Lawful Wage Deductions In New Zealand, certain wage deductions are lawful if they meet the criteria set out in the Employment Relations Act 2000 and the Wages Protection Act 1983. These include: Mandatory Deductions: These are deductions required by law, such as PAYE tax, ACC levies, KiwiSaver contributions, and child support payments. Court-Ordered Deductions: Any deductions ordered by a court, such as fines or other legal penalties, must be complied with. Employee-Authorized Deductions: Deductions agreed upon by the employee in writing. This could include union fees, insurance premiums, or loan repayments. It’s essential that employees provide explicit and informed consent for these deductions. And if there are other deductions you need to make, be sure to follow a good process To prevent unlawful deductions, we recommend that you Obtain Written Consent: Always get explicit, written consent from employees for any deductions that are not mandatory or court-ordered. Ensure that employees understand what they are consenting to. Communicate Clearly with Employees: Clearly explain any deductions on pay slips and be open to discussing any queries or concerns employees might have regarding their wages. Review Deductions Regularly: Regularly review your payroll practices to ensure all deductions are lawful and correctly documented. Rectify Any Mistakes: If an unlawful deduction has occurred, correct it immediately and compensate the employee accordingly. Seek Legal Advice if Needed: If the situation is complex, seek advice from a legal professional specializing in employment law to ensure you comply with legal requirements. Conclusion Understanding and adhering to the laws surrounding wage deductions is vital for maintaining a fair and lawful working environment. By ensuring that all deductions are lawful and properly authorized, you can avoid legal issues and build a positive relationship with your employees.

#EmployerQuestion The Employment Relations Authority (ERA) is an independent entity in New Zealand responsible for resolving employment relationship problems, disputes, and complaints. So let's explore what it does... Upholds the law: It operates under the Employment Relations Act 2000 and plays a crucial role in enforcing employment laws and regulations across various workplaces in New Zealand. Its decisions help to ensure that employers and employees alike are treated fairly and that employment standards are upheld across the country Resolving employment disputes: The ERA has the authority to hear and make determinations on a wide range of employment-related disputes, including unjustified dismissals, wage and holiday entitlements, breaches of employment agreements, and other employment relationship issues. Investigating and mediating disputes: The ERA has the power to investigate complaints and disputes between employers and employees and facilitate mediation between the parties to help reach a resolution. Mediation is often encouraged as a first step in resolving disputes before proceeding to a formal hearing. Conducting investigations and inquiries: The ERA can conduct investigations and inquiries into alleged breaches of employment laws, such as minimum wage violations, discrimination, and other unlawful employment practices. It has the authority to issue compliance orders and penalties for non-compliance. Making determinations and decisions: After considering all the evidence and submissions presented by both parties, the ERA will make a determination or decision on the dispute. This decision is legally binding and enforceable, and it may include orders for remedies such as compensation, reinstatement, or other appropriate actions Providing guidance and information: The ERA provides guidance and information to employers and employees on their rights and obligations under employment law. It offers resources, publications, and advice to help parties understand their rights and navigate the employment dispute resolution process.

#EmployerGuide In New Zealand, MBIE provides free mediation offers a powerful tool for resolving such conflicts amicably and efficiently, helping to maintain positive working relationships and avoid costly legal battles. In this blog, we'll explore the benefits of mediation in New Zealand and how employers can effectively navigate the mediation process. Mediation is: voluntary (in the first instance) confidential facilitated by an impartial third party mediator free through MBIE It focuses on finding mutually acceptable solutions rather than determining fault or assigning blame. This collaborative approach encourages open communication and allows parties to retain control over the outcome of the dispute. Key to a good mediation outcome: Approach mediation with a genuine willingness to resolve the dispute and collaborate towards a mutually beneficial solution Gather relevant documents, evidence, and information to support your position and facilitate productive discussions during the mediation session. Listen to the concerns and perspectives of the other party with an open mind. Try not to approach it from an emotional point of view Remain flexible and open to compromise, considering alternative solutions that meet the underlying interests of both parties rather than rigidly adhering to specific demands. Shift the focus from past grievances to future-oriented solutions that promote positive changes and prevent similar disputes from arising in the future. Mediation offers employers in New Zealand a valuable opportunity to resolve employment disputes in a constructive and collaborative manner, facilitated by an impartial mediator. It is voluntary but it can be pragmatic to agree, rather than forcing the applicant to file in the Authority and drag the issue out for much longer. Benefits of agreeing to voluntary mediation Cost-Effectiveness: Agreeing to voluntary mediation means less legal costs Preserving Relationships: Voluntary mediation occurs quicker, allowing resolution to occur sooner

#yourquestionsanswered How should an employer go about employing and dismissing people on a 90 day trial? With the new government's changes to legislation, 90 Day Trials aren't just for employers with less than 20 employees. Anyone can use them, but its important to make sure you do it right to reduce the risk of an unfair dismissal claim! Before employment: Ensure that your employment agreement has a robust 90 Day Trial clause in it. Give them their employment agreement (with the 90 day trial clause in it) at least three working days before they commence work. Ensure that the employee signs and returns their contract the day before commencing work During employment: Monitor their progress/fit within the role and the business. If you have concerns or think you might want to terminate them, do not leave it to the last minute! Before dismissing your employee under a 90 day trial: If you're considering termination, make sure that you are still within the 90 day period Organise a meeting with the employee to provide them with the notice of termination of their employment. Note: failure to provide the correct notice could give them grounds to raise a grievance. Be sensitive to the fact that this may be a stressful situation. Don't get caught out by not following a good process! Just because there is legislation that allows for dismissal under a 90 day trial, doesn't mean that there aren't common pitfalls that employers fall into and that cost them dearly. This is especially painful to see when it was a terrible employee that could have been fired for many other reasons, like in this case: "A man whose employer cited 13 instances of poor conduct when he was dismissed has been awarded more than $27,000 after the Employment Relations Authority ruled there was insufficient evidence, and he had been unjustifiably dismissed." Golden rule with 90 day trials: Don't rush and have a good checklist (like ours!) to ensure you get it right.