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to redundancy compensation unlessemployers and employees or, whererelevant, their union have agreed to it.Employment problems/personalgrievancesEvery collective and individualemployment agreement must containa clear explanation of the processesfor resolving employment relationshipproblems. A problem includes anythingthat may harm an employmentrelationship, including relationshipsbetween an employer and employees,as well as among employees.Some of these problems may be thebasis of a “personal grievance” whichrequires specific treatment underNew Zealand legislation. Personalgrievances can be brought againstan employer for a number of reasonssuch as actions giving rise to anunjustified dismissal, or if an employerhas acted unjustifiably in the event of aredundancy. An employee must raisea personal grievance within 90 days ofthe action complained of.The employer and employee have theoption of trying to resolve the problemthrough mediation before applying tothe Employment Relations Authorityfor determination (a judicial-basedforum in New Zealand), followed by theEmployment Court (the next level ofjudicial determination).Transfer of employeeson sale of businessEmployers have some specific legalobligations where a business is soldor transferred, or work is contractedout. Most employers must follow theprocedures set out in the compulsory“employee protection” clause containedin the employment agreement toprotect employees in these types ofsituations.Employers who employ staffperforming certain catering, cleaning,caretaking, laundry and orderly workhave special obligations that providecontinuity of employment protection toemployees during restructuring.Other obligationsEmployers in New Zealand also haveother obligations in respect of theiremployees, including those set outbelow.KiwiSaver - KiwiSaver is a voluntarywork-based savings initiative to helpNew Zealanders with their long-termsaving for retirement. There are variousobligations imposed on an employerfor managing the scheme includingproviding employees with requiredinformation, making deductions fromtheir remuneration and making therequired contributions should anemployee choose to join the scheme.Failure to comply with these obligationscan lead to penalties.Health and safety - Employers areobliged to provide safe workplaceswith proper training, supervision andequipment, to everyone who has accessto the workplace. This duty includesactively monitoring the workplace toidentify, assess and manage hazardsappropriately. Employees must takereasonable care to keep themselvessafe, and to avoid causing harm to otherpeople by the way they do their work.PAYE (Pay As You Earn) - PAYE is thesystem set up by the Income Taxlegislation for taxing the income ofemployees. It must be deducted frommost payments made to employees,and paid to the Inland Revenue17

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