Employment Law

The Fair Pay Agreements Bill was introduced to Parliament on 29 March 2022. The Bill proposes a statutory framework for collective bargaining for Fair Pay Agreements.

With transmission and contacts increasing, and the high number of people being required to isolate and therefore be absent from the workplace, issues may arise as to whether or not an employer is required to pay an employee who is isolating. 

The recent arrival of the highly contagious Omicron variant in New Zealand has prompted further developments in the Government’s COVID-19 response. Health advice that a third dose of the Pfizer and other COVID-19 vaccines is required to offer immunity against Omicron has led to a further extension of the existing vaccine mandate to include a booster shot requirement.

A recent Supreme Court decision held that commissions can form part of an employee’s ordinary weekly pay for the purposes of calculating holiday pay if they are made substantively regularly and temporally regularly.

In a recent decision, the Court of Appeal confirmed that payments under discretionary incentive bonus schemes do not fall within the definition of gross earnings under the Holidays Act 2003.

The Government has announced a significant expansion of the mandatory employee Covid-19  vaccination requirement, saying that vaccination is “critical to preventing the spread of COVID-19”.

By the beginning of 2022, many health sector workers, and most early childhood, primary, and secondary education sector workers, will be required to have received two doses of the COVID-19 vaccine.

On 23 August 2021, the Government announced its decision to formally require most businesses to keep contact tracing records at all alert levels. These requirements come into force at 11.59pm on 7 September 2021.

In addition to the more well-known financial support systems in place there are other avenues available to assist employers to pay employees who are impacted by COVID-19.

We recap the key tips and takeaways for employers who are likely to be impacted by the COVID-19 lockdown.

Employment Law

The Government has issued a completely new order that sets out the restrictions (and exceptions) for what Level 4 looks like.

The key issue - whether an Employer was obligated to pay employees the minimum wage.