As an employer in New Zealand, there are multiple rights and obligations you have to your employees. Currently, you may already have certain roles appointed for dealing with legalities within your business. However, it’s still crucial to have a basic understanding of your responsibilities, to ensure your workplace remains compliant, and efficient!
Main Employer Obligations
1. Duty to Provide a Safe and Healthy Work Environment
You are legally required to take all reasonable steps to ensure the health, safety, and well-being of your employees (Health and Safety at Work Act 2015). You must also provide proper training, equipment, and supervision, to prevent accidents and injuries.
2. Obligation to Treat Employees Fairly
You must treat employees with fairness, respect, and dignity. Discrimination based on race, gender, or other protected characteristics, is prohibited (Human Rights Act 1993 and Employment Relations Act). You are also obligated to adhere to principles of good faith when interacting with employees. This includes honesty, transparency, and cooperation.
3. Obligation to Provide Employment Agreements
You must provide written employment agreements to all employees, outlining terms and conditions of employment (pay rates, job duties e.g.). These agreements must be signed by both you and the employee, and should be clearly communicated.
4. Obligation to Pay Fair Wages and Remuneration
You must pay your employees at least the minimum wage set by the government. With this, you also must comply with the agreed pay rates stated within employment agreements. You are also required to provide holiday pay, sick leave, and other entitlements as stipulated in employment agreements (Holidays Act 2003).
5. Obligation to Protect Employee Rights During Redundancy
If an you are making employees redundant, you must follow a fair process. This includes consultation, providing reasonable notice, and offering support to affected employees. Redundancy processes must be non-discriminatory, and based on genuine business needs.
6. Obligation to Provide a Dispute Resolution Process
You are required to provide employees with access to a fair and transparent process for addressing grievances or disputes. This may involve informal mediation, or other dispute resolution options as provided by the Employment Relations Authority (ERA).
7. Obligation to Offer Parental Leave
You must comply with legal requirements regarding parental leave. This can include offering paid parental leave, and other entitlements (Parental Leave and Employment Protection Act 1987). You are also obligated to reinstate employees in their former roles, or a similar role after returning from parental leave. This is subject to the terms of the leave.
8. Obligation to Provide Equal Pay
You must ensure employees receive equal pay for equal work, irrespective of gender or other discriminatory factors. This is mandated by New Zealand’s Equal Pay Act 1972 and the Employment Relations Act 2000.
9. Obligation to Provide Breaks and Rest Periods
You must provide employees with adequate rest breaks and meal breaks. With this, you must ensure that employees are not overworked (Employment Relations Act 2000).
Additional Employer Responsibilities
1. Record Keeping: Employers must keep accurate records of employees’ hours worked, wages, leave entitlements, and other employment-related information.
2. Supervision and Support: Employers must provide adequate supervision and support to employees, ensuring their safety, productivity, and professional development.
3.Reporting Obligations: Employers must report tax and social security contributions and comply with immigration and employment standards for migrant workers.
Consequences for Failing to Meet Obligations
If you fail to meet your obligations, you may face legal action, fines, or other penalties. Additionally, you can also face damage to your business’s public perception. If their rights are violated, employees can lodge complaints with the Employment Relations Authority, or escalate matters to the Employment Court.
The Conclusion
As an employer in New Zealand, you have a significant responsibility to maintain a lawful, fair, and supportive workplace. By understanding your rights and obligations, you can promote a positive work environment and employee retention over time. You’ll also ensure compliance with employment laws, and avoid costly legal disputes!
Need some Advice?
Hi, we’re People Associates, your experts in HR consulting. We handle complex complaints and investigations, ensuring a fair and equitable process for all parties involved. In every situation, we’ll assess your risks, costs, timeframes, and values to determine the right solution for your business.
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Flick us a message here – or contact Lisa Oakley at lisa@peopleassociates.nz or on 027 573 5483.
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