Human Resources
Advice and Consulting

Yes, all employers regardless of business size can put new employees on a 90-Day Trial period effective December 23, 2023. A 90-Day Trial period must be negotiated and agreed to be included in the employment agreement. The employee must sign the employment agreement and a copy returned to the employer prior to commencing employment for the trial provision to be valid. To ensure it is right for your business situation, we recommend contacting Business Canterbury for specialist advice at hradvice@cecc.org.nz.

The key aspects of a Restructuring are as follows:

1. Invite staff to attend meeting letter on Proposed Restructuring
2. Present Restructuring as a proposal for change
3. Outline reasons/rationale for proposed change
4. List details of proposed change, such as a need to achieve cost savings, and provide this information to potentially affected employees
5. Explain selection and recruitment criteria if it is proposed that roles be disestablished and new roles being created
6. Provide timetable and opportunity for staff feedback
7. Advise right to get independent legal support, with an emphasis that it is only a proposal at this stage and employer keen to get feedback
8. Indicate who feedback on proposal is to go to, who they can direct questions to and what form the feedback should take
9. Meet with impacted employees to provide report back on staff feedback and confirm proposal or modified proposal.

Before implementing a restructuring process, we recommend contacting The Chamber for specialist advice at hradvice@cecc.org.nz

Unless the employee is posing a serious and immediate threat to others such as severe impairment due to the influenced of drugs and/or alcohol, the short answer is No. Employers need to approach the situation with an open mind and follow a fair disciplinary investigation process. This includes giving the employee an opportunity to respond to allegations, access independent legal advice about the allegation and have their explanation considered before deciding what action, if any, will be undertaken and indicating that termination of employment is a potential outcome. Before implementing a disciplinary process, we recommend contacting The Chamber for specialist advice at hradvice@cecc.org.nz

Bullying complaints should be treated seriously and promptly investigated. It is important to follow the procedure set down in your company policy that should include the following steps:

• Informal Stage where the complainant approaches the respondent and makes it clear that such behaviour is unacceptable. This method is often not practicable as the employee is often too traumatised to use this approach.
• Formal Stage where the complainant puts their complaint in writing to the company. The respondent needs to be advised of the complaint that an Investigation process will be initiated and that if the bullying allegations are proven, this would constitute Serious Misconduct and could lead to disciplinary action up to and including termination of employment.
• The Investigation Process involves appointing an investigator to interview any witnesses and gather facts to see if there is validity to the bullying allegation. A report would then be presented to Senior Management with a summary of the findings and whether the two tests of ‘repeat’ and ‘unreasonable’ have been met.
• Once the company has received the report with findings and recommendation that find the allegation is proven, a Disciplinary Process is commenced. The involves writing to the respondent, reporting the findings, and indicating that the company’s Preliminary Outcome is take disciplinary action due to proven Serious Misconduct.
• The respondent should be given one final opportunity to comment and present views before the company finalises a Final Decision on what action, if any, is taken.

Before initiating a Bullying Investigation, we recommend contacting The Chamber for specialist advice at hradvice@cecc.org.nz

You can hold ‘off the record’ conversations to try and settle employment disputes without resorting to litigation. However, this is subject to meeting the following key conditions to avoid risk:

1. Have a ‘Plan A’ and start a disciplinary investigation process before any ’without prejudice’ discussion takes place. You need to show that an employment dispute exists before starting such discussions.
2. Obtain agreement that the conversation is ’off the record’ before any comment are made.

Before initiating a ‘Without Prejudice’ conversation, we recommend contacting The Chamber for specialist advice at hradvice@cecc.org.nz

It is recommended that businesses have a Code of Conduct Policy or set of House Rules that employees are aware of. A Code of Conduct Policy sets out the rules and expectations an employer has of employees and outlines what happens when conduct or performance does not meet those requirements. Employees should be made aware of the policy when they commence employment.

A Code of Conduct Policy provides a reference point when you are considering taking disciplinary action against the employee. The Employment Relations Authority will look for evidence that an employer has a Code of Conduct Policy to assess if an allegation against an employee is fair and has followed a fair process as outlined in a company’s Code of Conduct Policy.

In situations where employees are available to work but unable to attend due to an emergency or natural disaster, it would come down to what is in in the employment agreement or policies. Leave options are relevant where work can be performed but the employee is unable to work for personal reasons. The Chamber has a Business Interruption Policy that can be purchased at a discount to members – contact The Chamber to see if this is right for your business at hradvice@cecc.org.nz