Workplace law update for the year ahead

Copeland Ashcroft Workplace Lawyers are excited to be supporting New Zealand Certified Builders (NZCB) members moving forward with employment and immigration law queries.

With offices around New Zealand from Auckland to Invercargill, our team are poised and ready to take your calls via our helpline, offering a 15-minute free consultation to help you troubleshoot issues with your team. To access this free helpline NZCB members can call: 0800 354 821 – make sure you have your NZCB membership number handy to identify yourself as a member.

You can also find a raft of resources on our website at www.copelandashcroft.co.nz, from articles on legal updates to e-resources covering a range of workplace law topics.

What’s on the horizon for 2022: prepare for change

COVID management key in workplaces COVID will still be a “thing”, and as we settle into the new COVID Protection Framework, with businesses and borders opening up, responsibility for managing the risks relating to the spread of COVID will increasingly land with employers. Clear communication with employees about your COVID workplace plan, from vaccination to protecting their safety, has never been more important – if you do not already have policies in place around this, you should make this a priority.

Challenge to independent contractor arrangements Scrutiny of independent contractor arrangements will continue, following several Employment Court decisions recently where contractors have successfully argued they are employees, including a builder, as well as the courier industry which has also until now almost exclusively operated using contractors. Employers should look at their arrangements here to avoid potentially significant claims.

Immigration changes The Government has announced that all employers are required to be accredited with Immigration New Zealand effective July 2022, with applications opening in May. If you employ migrant workers, being prepared early ensures the application process is as seamless as possible, given the high volume of applications expected.

Holidays Act changes In terms of new employment laws, the Government has indicated changes to the Holidays Act, adopting recent Working Group recommendations. This will impact all employers and payroll providers and could see implementation of yet another “leave pay” calculation, as well as extended leave entitlements, and payslips to be required for all employees.

Mental health and workplace culture Awareness of mental health impacts of work has increased and is a focus for WorkSafe. Your health and safety management plan needs to address this if it doesn’t already – training on psychosocial risks, and what this means in your workplace is a place to start.

Alongside this, workplace culture to support retention and recruitment has also never been more important. Think about what makes you an employer of choice, and how you communicate this to the market.

Employees are in demand, and they know it. They are looking for their best work life. Expect your team to be looking elsewhere if you haven’t taken steps to front foot that and secure their commitment to you. This is almost always more effective (and often cheaper) than having to counter a potential new employer’s offer.

Fair Pay Agreements We anticipate the introduction of a new fair pay agreements framework, which aims to lift minimum industry standards.

Fair pay agreements will effectively operate as an “award” system similar to Australia and will set minimum terms and conditions for workers across an industry or occupation by a prescribed framework to bargain for these.

Preparation is key

After two years of necessary reactivity to change through the start of the pandemic, the best employers will be well advised to look ahead for 2022 at what the coming changes will mean for them, and prepare early, especially given the importance of getting it right, in today’s tight labour market, and to manage the risk of expensive and time consuming claims.

Kate Ashcroft, Partner, of Copeland Ashcroft Workplace Lawyers. Copeland Ashcroft Workplace Lawyers operate the NZCB Employment helpline and providing specialist advice, representation and support across employment, immigration and health and safety law, to businesses throughout New Zealand. Why us? We know what works, and partner with you to achieve the results you want. www.copelandashcroft.co.nz