20 WAIKATO BUSINESS NEWS <strong>January</strong>/<strong>February</strong> <strong>2017</strong> Safe practice or discrimination? This is one of those sad stories of an employer being stuck between a rock and a hard place with a long serving staff member who was no longer capable of fulfilling all the duties of the job. Unfortunately the way they went about resolving in the situation fell short of the required standard. Ms Crozier was employed as a support worker, working with intellectually disabled people who were largely the subject of court orders requiring their detention. She had been in the role for 23 years where she managed clients with complex and challenging behaviours, accompany them in the community and prevent them from absconding. She developed a chronic respiratory condition that limit- Mark Lister, head of private wealth research from Craigs Investment Partners is to present his annual ‘State of the Nation’ address in Hamilton in <strong>February</strong> <strong>2017</strong>. Mark will review the economic and investment landscape, providing a global and local perspective of the challenges and opportunities in the year ahead. This will cover the economic and geopolitical changes happening in the world, including the impact of Brexit and post-inauguration of President Trump. ed her ability to perform some aspects of her job. The health problem flared up sporadically requiring time off, but the rest of the time she managed to do most of the job, though sometimes she struggled and was short of breath. In 2010 her then manager expressed concern that Crozier was exposed to potential harm in the work environment and proposed transferring her to another role. This was the beginning of a protracted process which eventually resulted in her dismissal for medical incapacity in September 2014. Mark’s team is responsible for all of the asset allocation, strategy and portfolio recommendation decisions for Craigs’ private wealth clients. Mark has been with the company for more than ten years. During this period he has covered the property sector and smaller companies as an equity analyst, before moving into his current role, where his focus has moved to encompass economic analysis and investment strategy. Mark is a popular speaker and is well regarded. He has a strong presence in the business In mid-2011 the employer requested medical clearance following a period of ill health and asked for their Occupational Specialist to review her file and suitability for the work. Crozier declined to authorise the specialist access to the file. Fast forward 18 months and a new manager expressed the same concerns about her ability to do the job but had no specific evidence of this. Nothing happened and another 16 months passed before it was raised again. This time the manager wrote to Crozier’s doctor raising concerns identified by other staff about her ability to do some of the physical aspects of the job and he confirmed she was able to continue her role. The employer then required Crozier to undergo an assessment against five physical criteria: • Walking up to 5km media, is a regular newspaper columnist and frequently travels the country speaking to a range of business groups. The <strong>Waikato</strong> Branch of the New Zealand Shareholder Association holds monthly events where you can listen to and meet quality speakers, including company directors, executive management, top economists and commentators; receive timely releases from the NZSA about issues relating to investing, specific listed companies and learn how to grow your own investments. • Catching public transport • Following clients at a steady pace • Working on her feet for long periods • Using physical restraint with clients. These criteria were not in her job description and were not applied to other staff. The Occupational Specialist concluded that she could catch public transport and work on her feet for long periods but would not be able to walk up to 5km Investment analyst to speak at Hamilton event This event will be held on <strong>February</strong> 21 at The Verandah, Hamilton Lake from 5pm. To register, please contact Mike Lamb (waikato.nzsa@gmail. com or on 07 872 1946)) by Thursday, <strong>February</strong> 16. HR AND THE LAW > BY ANNE AITKEN Anne Aitken, HR Professional | Email: anne@anneaitken.co.nz at a steady pace nor would she be able to follow clients at a steady pace or restrain clients, concluding that she was not able to safely perform her duties. Staff were required to pass a restraint training course annually which Crozier did and in 23 years had never been required to use restraint. The requirement to walk 5km was not at a steady pace, although this was the standard used and absconding staff could be followed in a vehicle, which Crozier had done before (making the standard of following clients at a steady pace irrelevant). Discussions progressed and eventually Crozier’s employment was terminated on the grounds of medical incapacity and she was given two weeks’ notice. The Employment Authority found that as the physical requirements were not in the job description, were not applied to other staff, and were not entirely relevant to the job, they were only applied to Crozier because she had a medical condition and therefore it was discrimination. ISL had a specific policy for termination on medical grounds and it became applicable when a Buying a motel touted as a lifestyle change Cashing in on a lack of tourist beds is being encouraged as a way to make a buck in <strong>2017</strong>. Richard O’Brien, director of nzbizbuysell.co.nz, a website showcasing businesses for sale, says owning a motel can make excellent lifestyle and economic sense, for those who enjoy meeting a diversity of people and taking pride in running a ship-shape venture. He says tourism is soaring to record heights – and can only flourish when there’s ample quality accommodation. “Motel bed nights have been rising substantially according to Statistics New Zealand, siting a 30 percent rise year on year in August, even before the lucrative summer season. Having a secure, convenient, clean and friendly place to stay, will make or break a visitor’s enjoyment of their trip to New Zealand - no matter how majestic the mountains or pristine the water views. “Summer is the time for immediate financial benefits when owning a motel, with floods of visitors from Asia, those escaping Northern Hemisphere winters and New Zealanders exploring their country by car.” Richard says the advantage of running a motel is that visitors generally remain independent so the owner/operators may choose to be as involved as they wish. It’s not a complicated business model, mainly requiring passion for good service and to be a good organiser - or have assistance from those that do. It can create employment opportunities for friends and relatives. A new owner can usually improve or flavour the business with their style, providing extra features and upgrades - stamping it with that memorable x-factor. He sees all types investing money and themselves into motels, hotels and tourist accommodation and says it can be a long-awaited lifestyle change - an alternative to retirement or an independent profitable change from working for someone else. Previous business experience is not mandatory. Having pride in offering a great service, attention to detail and patience will ensure success Owners can decide to take more of a management role or be completely hands on. This can alternate depending on your lifestyle choices. A well-organised operation will tick along in the absence of their owners. Despite perceptions and tales of hard work involved, taking a long holiday in the off-peak season is achievable – although the first year will likely involve all hands-on deck. Richard says when it’s time to buy a motel, the process is largely straight forward; talk to brokers and those in the industry; search and inquire about several opportunities that meet your criteria and budget; check that the finances stack up over the past three years. Research the market and what’s on offer. Reviews, such as Trip Advisor, will reveal past client satisfaction and forward bookings provide a snapshot of likely immediate income. He says choosing the right location is the number one consideration – from the bustle and convenience of city life, to an enviable existence in a rural semi-tropical paradise. It’s wise not to stress the budget, and initially leasing rather than owning the premises freehold may be smarter. And always seek professional advice before you sign a contract. Promoting and getting people through the door is vital, but there are many avenues, such as New Zealand accommodation websites, directories, associations and information centres to put you on the map – and of course the loud and far-reaching social media voice. The Motel Association of New Zealand also offers training, support and information. Accommodation options New president for the Cambridge Chamber of Commerce Rouge Café owner Phil MacKay has taken over as the new Cambridge Chamber of Commerce president. He replaces Mel Engelbrecht, who announced her resignation at a meeting before Christmas. Mel said: “While this has been a very difficult decision, the timing was right. “The chamber is in a good place, with an excellent executive team and competent and talented vice presidents - all supporting our effective operations team. “This, coupled with the change in the demands of my own business, has led to my decision to step down.” Mel was president for two years. Phil said: “I am privileged to have the opportunity to be president. Having had three years on the chamber executive, I am looking forward to working with the team to ensure the chamber continues to flourish, person had been absent for more than six weeks. Crozier did not meet the criteria so the policy was not relevant. The authority concluded that a more comprehensive investigation of the situation should have been undertaken, including that allegations of non-performance received from other staff should have been put to Crozier. Crozier was awarded three months’ lost pay and $15,000 discounted by 10 percent for contribution due to her inability to perform all the requirements of the job. In essence, this was a performance issue not an incapacity issue. This situation is every employer’s nightmare – an aging, long- serving staff member who is no longer able to do their job to the required standard. Where there is a physical component to a job, it is important the basic requirements are written in the job description and applied to all staff. If these are to be retrofitted into a job description it needs to be done with consultation and with a reasonable time for staff who are below the standard to improve their fitness to achieve the standards. are as varied as the landscapes. Motels, hotels, backpackers, holiday parks, and B&Bs each have specific benefits to suit a new owner’s individuality, budget and ambitions. Cambridge Chamber of Commerce president Phil MacKay stay relevant and is the recognised connection and voice of the Cambridge business community.”
WAIKATO BUSINESS NEWS <strong>January</strong>/<strong>February</strong> <strong>2017</strong> 21 Realise the Coastal Dream Embrace the ultimate family lifestyle. Let Hoppers help you choose the coastal destination of your dreams. There has never been a better time to buy, with coastal property at exceptional value. Sections, house & land packages and retirement options are available at selected destinations in Northland and Coromandel. WWW.HOPPERS.CO.NZ | (09) 427 0293 MARSDEN COVE Sections from: $340,000 - Only four remaining, Waterfront Sites from: $590,000 & our Waterfront Spec Home is now open for viewings. MARSDENCOVE.CO.NZ | (09) 432 8379 WHITIANGA WATERWAYS Sections from: $270,000, Waterfront Sites from: $530,000 & Retirement Options (for the early or active retiree) from: $480,000 WHITIANGAWATERWAYS.CO.NZ | (07) 866 0164 PAUANUI WATERWAYS Stunning Waterfront sites from: $780,000 & The Quays Villas from: $1,575,000 PAUANUIWATERWAYS.CO.NZ | (07) 864 7153
Change language