News Roundup

MSD launches toolkit

The Ministry of Social Development (MSD) has launched (in November) a guide for employing disabled people. The Lead Toolkit contains information and resources for business owners, leadership teams, managers and HR teams to help them employ disabled people within their businesses.

The guide is downloadable by section or as a complete PDF. Sections include tools and checklists on how to provide a clear commitment to employing and retaining disabled people, as well as advice on recruitment and the employment cycle.

Anne Hawker, Principal Disability Adviser at MSD, says, “The toolkit aims to provide you with the information to confidently employ disabled people and know where to go for support and advice.”

https://www.msd.govt.nz/about-msd-and-our-work/work-programmes/lead-programme-work/index.html

Election result and impact on HR

With Labour winning its second term in government, we can expect to see Fair Pay Agreements coming into effect. Fair Pay Agreements are negotiated between unions and employers and set minimum terms and conditions of employment for all workers in an entire industry or occupation. Labour intends to introduce legislation that sets the minimum content that must be included in each Fair Pay Agreement and that would be extended to cover both employees and dependent contractors. Protection for dependent contractors is set to increase, with Labour extending collective bargaining and other employment rights to include dependent contractors, including allowing contractors to require written contracts, and introducing a duty of good faith for dealings between contracting parties.

Other likely changes affecting employees include increased sick leave entitlements from five to 10 days per year, increased minimum wage rate from $18.90 to $20 per hour in 2021 and a new public holiday recognising Matariki.

Labour also intends to simplify the Holidays Act 2003. This news provides a glimmer of hope for employers and unions battling with the complexity of the current legislation. This change has been on the agenda since early in Labour’s last term. The government established a Holidays Act Taskforce in May 2018, and it has apparently delivered its recommendations to the Minister for Workplace Relations and Safety. We are yet to see the report, so it appears to be a case of ‘watch this space’.

Positive growth in employment post-COVID lockdown

The latest SEEK NZ Quarterly Employment Report data shows a strong return for the job market, with a 66 per cent national increase in jobs advertised during the three months to October 2020.

Janet Faulding, General Manager, SEEK NZ, says, “This quarter has seen month-on-month positive growth with the exception of August, which coincided with the introduction of a second lockdown in Auckland.”

These figures appear hopeful for job seekers, with SEEK currently recording the highest job advert level since the pandemic began.

“Now we have the results of the election, we often see an increase in job advertising and recruitment. Many businesses wait to see the results of an election before making big financial decisions, including onboarding new staff,” says Janet.

Industries seeing the most growth in terms of job advert numbers from last quarter to this quarter (July, August, September) are trades and services (56 per cent), ICT (53 per cent) and manufacturing, transport and logistics (65 per cent).

Private investigator licence may be required

As reported by Employment New Zealand, a recent case of the Private Security Personnel Licensing Authority has determined that workplace investigators fall within the definition of a ‘private investigator’.

If employers are deciding to involve an external workplace investigator where the allegation or issue is of a sensitive or complex nature, then this investigator may need to be licensed. Those conducting in-house workplace investigations do not need a licence. And the licensing requirements do not apply to occupations that are already regulated through a practising certificate, licence, permit or authority, for example, lawyers or those seeking information for the Crown.

Organisations seeking the service of an independent investigator need to make sure they are engaging a suitably qualified and licensed individual. For a person to be granted a licence by the Licensing Authority, they need to show they have the relevant training or skills to do the role. If you are a business and want to check whether a workplace investigator has a private investigator licence, you can check the Public Register. Or, if using a lawyer for investigations, you can check if they have a practising certificate on the New Zealand Law Society website.