Law Lenz: Employment Law Done Right – Détails, épisodes et analyse

As Law Lenz wraps up for the festive season, host Sanam wants to take a moment to say a huge THANK YOU!

This year has been nothing short of phenomenal, thanks to you. We’ve reached more listeners than we ever imagined, and we’ve had the absolute privilege of connecting with so many of you. Your support, whether it's spreading the word, reaching out, and tuning in each week, has been the driving force behind the growth of Employment Law Done Right. Truly, it wouldn’t have been possible without you!

To help you navigate the holiday period, we have put together a list of past episodes you might find useful:

• Unpack the Holidays Act: Closedown Periods, but the Right Way
• Unpack the Holidays Act: Is the Public Holiday an Otherwise Working Day?
• Ask Law Lenz: Navigating Casuals on Holidays

For those celebrating, we wish you a Merry Christmas and a Happy New Year! If you’re not celebrating, we hope you enjoy some well-deserved rest and relaxation. We will be back mid-January. See you in the new year!

Craving more insights? Sign up to the Law Lenz Newsletter! CLICK HERE!

Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Annual closedowns are a regular occurrence for many businesses across New Zealand. However, they often come with a range of questions and compliance concerns. Whether your business shuts its doors over Christmas or during another seasonal break, getting the details right is essential.

In this episode of Employment Law Done Right, host Sanam provides a quick refresher on the top tips for managing annual closedowns effectively. This episode is perfect for businesses seeking a simple compliance checklist without diving into every detail.

Need more? Check out Sanam's comprehensive episode (CLICK HERE) for a full breakdown of annual closedown requirements.

• What is an annual closedown?
• Tip 1: Is it a customary closedown?
• Tip 2: Have you given proper notice?
• Tip 3: What happens to annual leave?
• Tip 4: What about public holidays?

Whether you are finalising plans for the holiday season or refining your processes, this episode provides the compliance essentials to help your business closedown smoothly and stress-free.

Craving more insights? Sign up to the Law Lenz Newsletter! CLICK HERE!

Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Resources:

• Law Lenz Full Annual Closedowns Episode
• Annual Closedowns and Holidays - Employment NZ

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Did you know there are big changes ahead for New Zealand’s Recognised Seasonal Employer (RSE) scheme? On 2 September 2024, changes will officially take effect for the 2024/25 season. These updates, are part of the Government's efforts to support the growth of the horticulture and viticulture industries while reducing costs and compliance burdens for employers. At the same time, these changes aim to improve working conditions for RSE workers.

Join our host Sanam, as she breaks down the key updates, including the increase in the RSE cap, adjustments to the minimum weekly hours, new wage rules, and flexibility in accommodation costs. Sanam will also cover enhanced movement between employers and regions, and the introduction of multi-entry visas for RSE workers. 

This episode is essential listening for RSE employers looking to stay compliant with the new regulations and maximise the benefits of these changes. If you're an employer in the horticulture or viticulture sectors, or if you work with RSE workers, this episode will help you stay informed, prepared, and ahead of the curve.

Tune in now to get all the details on the changes that matter to your business and your workers.

We want to know what topics you want to hear more about. Participate in our poll today - CLICK HERE!

Secure your spot and unlock Law Lenz perks and express your interest! CLICK HERE!

Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Resources:

• RSE detailed changes & next steps for RSE employers - Immigration NZ
• RSE forms and guides - Immigration NZ
• RSE changes overview - Beehive NZ

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

A topic that's becoming increasingly relevant in today's challenging economic landscape is permanent business closures. As liquidation numbers rise across New Zealand, employers face difficult decisions that directly impact their teams. But what are the legal obligations when a business needs to shut its doors for good?

In this Ask Law Lenz segment we are tackling 3 major questions for businesses across NZ (especially SMEs):

• What process needs to be followed with employees when undergoing a permanent business closure? 
• What does consultation look like for a small business? 
• At what point does an employer need to start having conversations with their employees? 

Join host Sanam as she dives into the complexities of business closures, exploring the redundancy process, good faith requirements, and key legal precedents that every employer must know. With real-life cases and expert insights, this episode will arm you with the knowledge to navigate these tough situations correctly, ensuring you're fully compliant when the stakes are highest.

Whether you're an SME owner, HR professional, or simply interested in employment law, this episode is packed with critical information that could save you from costly mistakes. Tune in now to ensure you're compliant!

We want to know what topics you want to hear more about. Participate in our poll today - CLICK HERE!

Secure your spot and unlock Law Lenz perks and express your interest! CLICK HERE!

Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Resources:

• Section 4 good faith employment relations - Employment Relations Act
• Clark v Glitz & Glam Hair and Beauty Limited (in liquidation) 2023 - Employment Relations Authority case
• Chun Kit Sze and KNCC Limited 2023 - Employment Relations case
• Restructuring your business - Business NZ
• Considerations before terminating your business in NZ - Legal Vision

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Probationary clauses are a common feature in New Zealand employment agreements. They serve as a valuable tool for both employers and employees to assess mutual suitability in the role and workplace. Yet, the requirements and nuances of probation periods often go unspoken.

Join host Sanam in this episode as she delves into the multifaceted role of probationary periods, emphasising the requirements for ensuring their validity and the steps for a smooth termination.

In this episode, we will cover:

• The purpose of probationary periods
• Differences and similarities with trial periods
• The legal framework and when to use probationary periods
• Top tips for employers to meet compliance requirements
• A guide to terminating under probation

Don't miss this crucial episode that offers comprehensive insights into managing probation periods effectively. Whether you're an employer seeking more knowledge or an HR professional looking to refine your practices, this episode will equip you with the strategies to succeed.

When's the last time you did a trial period refresher? Look no further! Listen to our episode on trial periods - Click Here to tune in now! 

Secure your spot and unlock Law Lenz perks! CLICK HERE!

Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Resources:

• Probationary arrangement - Employment Relations Act
• Trials and probationary periods - Employment NZ
• Probationary periods - Edwards Law (blog article)
• Trial period refresher - Sanam's Linked Post

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

From a new idea to a binding rule, New Zealand laws undergo a rigorous journey through Parliament. Bills are proposed, debated, and scrutinised before facing the public spotlight. If they survive this gauntlet, they’re signed into law.

So, have you ever wondered how laws are actually made? Join us as we demystify the legislative process, shedding light on the often lengthy and intricate journey from a bill's introduction to its enactment. We’ll also delve into some key bills currently in the pipeline and discuss the potential changes they might bring.

What we’ll cover in this episode:

• The stages a bill goes through before becoming law.
• A look at specific bills that could significantly impact workplaces and employees in New Zealand.
• Coverage of bills related to restraints of trade, wage theft, remuneration, and KiwiSaver protections.

Whether you're an employer, a HR professional, or simply curious about how laws come into being, this episode is packed with valuable information and engaging anecdotes.

Tune in for a guide to the legislative process and stay informed about what's on the horizon in the legal landscape!

We want to know what topics you want to hear more about. Participate in our poll today - CLICK HERE!

Secure your spot and unlock Law Lenz perks and express your interest! CLICK HERE!

Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Resources:

• How a bill becomes law
• Employment Relations (Restraint of Trade) Amendment Bill
• Employment Relations (Employee Remuneration Disclosure) Amendment Bill
• Employment Relations (Protection for Kiwisaver Members) Amendment Bill
• Crimes (Theft by Employer) Amendment Bill
• Sanam’s LinkedIn post about wage theft of migrant workers

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Did you know that Law Lenz hit pause? Sorry to all the Spotify listeners that didn't get this episode. But don't worry, we're back on it and releasing weekly episodes every Tuesday starting from 30th July! During our brief hiatus, we wanted to flip the script and put the ball in your court. Our host Sanam wants to know what burning insights you’re craving. 

So what are you waiting for? Join our poll HERE and tell us what legal mysteries you want unraveled. No personal info needed — just your curiosity! Here are the hot topics up for exploration: 

• Performance management
• Disciplinary 
• Medical incapacity 
• Redundancy and restructures 
• Holidays Act 
• Dismissals and terminations
• Personal grievance 

Participate in the poll today! CLICK HERE!

Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Have you heard all the commotion? Holidays Act changes are comin' in hot! For years, the Act's ambiguity, especially regarding atypical work arrangements, has led to widespread non-compliance and significant remediation costs. However, changes are on the horizon, and the Act is set to undergo a massive overhaul in 2024.

Join host Sanam as she explores the proposed legislative amendments introduced by the Coalition government, aimed at simplifying and improving the Act. This episode will break down the key issues and proposed changes to annual leave, family violence leave, bereavement leave, alternative holidays, public holidays, and sick leave entitlements. You'll get a clear understanding of how the proposed changes aim to address critical concerns.

Stay tuned for more Law Lenz insights, as the public will have a chance to weigh in on the specifics when a draft proposal is released for consultation in September 2024. Don't miss out on this crucial discussion that promises to reshape the future of holiday entitlements in the workplace.

Secure your spot to get the Law Lenz Newsletter straight to your inbox! CLICK HERE!

Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Resources:

• Holidays Act Reform MBIE
• MBIE Holidays Act Review - Policy decisions for an exposure draft of the Bill
• MBIE Holidays Act Reform - Further policy decisions

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

The law guarantees employees minimum rest and meal breaks to ensure wellbeing and productivity. These breaks come in two flavours: paid 10-minute rest breaks and unpaid 30-minute meal breaks. The number of breaks an employee gets depends on how long they work. However, even with clear guidelines, employers are still getting it wrong. So how do these misunderstandings and oversights occur? 

In this episode of Law Lenz, we dive into the critical but often misunderstood area of rest and meal breaks. Join your host, Sanam, as she explores the common pitfalls and provides essential tips to ensure your business remains compliant and your employees stay safe and healthy.

In this episode, we tackle:

• The legal requirements for rest and meal breaks under the Employment Relations Act.
• Real-life cases highlighting where employers went wrong and how to avoid these mistakes.
• Practical steps to implement clear break policies and clauses in your agreements.
• Understand the importance of recording breaks.
• Overview of the potential consequences of getting breaks wrong. 

Don't miss this crucial episode that can help you navigate the complexities of breaks and ensure you maintain compliance in your workplace. 

Have you listened to last weeks' controversial episode on excessive sick leave? Click Here to tune in now! 

Want to know about "hurt and humiliation" compensation bands? Look no further - Click Here to tune in today! 

Secure your spot and unlock Law Lenz perks! CLICK HERE!

Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Resources:

• Employment NZ - Rest and meal breaks
• Employment Relations Act - Part 6D Rest breaks and meal breaks
• ERA Case - Hong and S&C Centreplace Limited
• ERA Case - CSJ and JRL
• ERA Case - Lee and Yamaya NZ Limited

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

We've all been there. Sometimes, we just don't want to go into work, and if you own or operate a business, then you may have come across creative ways an employee may avoid work. Sometimes they may opt to 'chuck a sickie'. Other times, you may see an intermittent but frequent pattern forming where it seems like sick leave is being taken advantage of.

Whether it's faking symptoms, calling in after annual leave has been declined, or having a pattern of taking sick leave on desirable days like Mondays or Fridays - it can disrupt work schedules, burden colleagues who have to cover for the absent employee, and erode trust between the employee and employer.

Join host Sanam, as she dives into the controversial and often taboo topic of taking advantage of sick leave and non-genuine sick leave on Law Lenz.

In this episode, Sanam explores both the ethical dilemmas and the financial repercussions for SMEs in New Zealand. From personal anecdotes to employment law cases, Sanam provides tips and insights on how employers can navigate these tricky sick leave scenarios with ease.

Key topics covered in the episode:

• Understanding what is meant by taking advantage of sick leave.
• Misusing & non-genuine sick leave: Understand the fine line between genuine sick leave and misuse, and learn from real-world cases on how an employer can address these issues.
• How to prevent misuse & excessive sick leave: Get tips and insights on how employers can implement effective steps to deter abuse without penalising genuinely ill employees.
• Understand how to temporarily manage the workplace while tackling initial sick leave concerns.

Don't miss this episode if you want to stay informed about one of the most pressing issues in workplace management today. Tune in to learn how to protect your business and ensure fair treatment for all employees.

Secure your spot and unlock Law Lenz perks and express your interest! CLICK HERE!

Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.

Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.

Check out the Law Lenz website HERE. 

Resources:

• Employment NZ - Sick Leave Entitlements
• Employment NZ - Proof of sickness
• My HR - Managing sick leave: An employers guide to absenteeism
• Cavell Leitch - Constantly sick employees and non-genuine sick leave. When is enough, enough?
• NZ Herald - Air NZ Case

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.