90-day trial periods for all employers

All employers are now able to use 90-day trial periods to help them check out new employees. Previously it was only available for employers with up to 19 employees.
The employment agreement templates in the Members’ section of the RVA website have been updated accordingly. There are a few things to remember –
• 90-day trial periods can only be used for new staff. Previous employees are not covered.
• The 90-day trial period must be included in an employment agreement, which must be signed before the employee starts work.
• 90-day trial period clauses have very specific wording.
• The work visas issued to certain immigrants have specific requirements, which may restrict the use of 90-day trial provisions in their employment agreements.
Please call the helpline if you would like to start using 90-day trials but have concerns.
Fair Pay Agreements
As alluded to in last month’s newsletter, the Fair Pay Agreements Act has been repealed.
This article is brought to you by AdviceWise People, who provide Window & Glass Association’s free employment helpline 0800 692 384.

Advicewise update #2

Discretionary bonuses and holiday pay – Court of Appeal – Metro Glass. Read more here

Advicewise – first update for 2021

The first employment law update for 2021 covers a recent employment law decision re Covid-19 pay deductions. Read the detail here

Waitangi Day 2021

This year Waitangi Day falls on Saturday 6 February, and employees who would not otherwise work on that Saturday, get Monday 8 February off on full pay, as Waitangi Day.

Employees who would otherwise work on that Saturday, get that day off on full pay.  If they work on that day, they are paid time-and-a-half for the time they worked, and an alternate day off.

New employees qualify immediately – there is no 6-month waiting period like for sick and bereavement leave.  Remember that casuals also get public holidays.

Factors to consider if it is not clear whether the employee would have worked on that Saturday, are:

• Whether the employee would have worked if that day had not been a public holiday
• The employee’s employment agreement and work patterns
• Any other factors, such as:
  • Whether the employee only works when work is available
  • The employer’s rosters or similar systems
  • The reasonable expectations of employer and employee whether that day would be worked

Advicewise – Dec bulletin

Read more detail about the new Privacy Act here

Advicewise – Nov bulletin

This month – with the election just a memory, what employment law changes can we expect from Labour. Read more here

Advicewise – Sept bulletin

This month: An outline of the two main political parties campaign promises on employment law, resident visa holders now offshore, and Eligibility expanded for Covid-19 leave support. Read more here

Relief for employers with temporary migrants

The Government has made immediate short-term changes to visa settings for temporary migrants. Read more here

Advicewise – July update

Read about recent court decision re migrant exploitation, ACC levies, and the small business cashflow loan scheme

Advicewise – June update

HOLIDAYS ACT TROUBLES A recent case before the Employment Court clarifies two important aspects of the Holidays Act (the Act): discretionary bonuses and closedown periods