Waikato Business News October/November 2018

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42 WAIKATO BUSINESS NEWS October/November 2018 Big boost in compensation awards for employees When an employee raises a personal grievance, and the matter does not settle either through private negotiation or at mediation, the next step is usually an Employment Relations Authority hearing. Where the Authority upholds an employee’s personal grievance, it may order remedies as set out in s 123 of the Employment Relations Act 2000. Typical remedies are lost remuneration (usually up to three months’ wages) and compensation for hurt and humiliation. The latter is tax free (so the amount ordered is without deduction) as it is compensation, not remuneration which is taxable. In other words, what was once the average compensation payment, has now been relegated to the lowest-harm category with the average or middle band being between $10,000 to $40,000. Compensation for hurt and humiliation remained largely unchanged for many years, with the average between $5000 and $10,000. The occasional awards more than $15,000 to $20,000 were reserved for cases where the impact on the employee was of a very serious nature. However, in a 2017 Employment Court case, Waikato District Health Board v Archibald, Judge Christina Inglis (now Chief Judge Inglis) reviewed compensation awards and opined that they had remained artificially low. This was particularly noticeable when contrasted with awards made in employment cases, where the employee could elect to have the matter heard before the Human Rights Review Tribunal (such as discrimination in employment claims), where compensation awards were significantly higher. To try to apply consistency in compensation awards, Chief Judge Inglis in the Archibald case proposed a banding system: Band 1 for the lowest level of loss, Band 2 for midrange loss and Band 3 for the highest level of loss. In Archibald, the Court held that the employee’s loss in that case was around the middle of Band 2 and ordered $20,000 in compensation. Since then, a number of Authority cases have also adopted the banding system and, given that $20,000 was held to be the “middle of the middle”, this has seen a dramatic increase in compensation awards for hurt and humiliation. One example was the case of Maday v Avondale College Board of Trustees (currently under appeal) in April EMPLOYMENT LAW > BY ERIN BURKE Employment lawyer and director at Practica Legal Email: erin@practicalegal.co.nz phone: 027 459 3375 2018, where the employee was awarded $50,000 in hurt and humiliation compensation. Last month, in the case of Richora Group Ltd v Cheng, Chief Judge Inglis took further steps to try and quantify the range for each band, concluding: “Drawing the threads together, I approach the three bands across the spectrum of cases in terms of quantum as $0-$10,000 (band 1); $10,000- $40,000 (band 2); more than $40,000 (band 3).” In other words, what was once the average compensation payment, has now been relegated to the lowest-harm category with the average or middle band being between $10,000 to $40,000. This dramatic increase in compensation awards has had a flow-on effect to settlement agreements (both private and at mediation) given the increased risks for an employer of proceeding to litigation if an employee’s personal grievance is upheld. Such risk significantly informs the amount each party is prepared to offer or accept. The increased risk employers now face in “getting things wrong” puts even further pressure on them to ensure they follow a fair process during disciplinaries, and that disciplinary outcomes are proportionate to an employee’s conduct, with dismissal being reserved for the most serious offences. Employment law is very much a case of an ounce of prevention being worth a pound of cure. Employers are urged to get legal advice when conducting disciplinaries, particularly where the ultimate sanction of dismissal is the likely outcome. What’s the gig economy all about? It has been said we are entering the fourth industrial revolution in relation to the global workforce. That relates to technology advancement, robotisation, changing production and distribution chains, and changing employment types. This has resulted in a new buzzword: the gig economy. The Future of Jobs Report 2018 from the World Economic Forum, forecasts that businesses are set to expand their use of contractors doing task-specialised work, creating more roles for self-employment, freelance, contract and casual work – hence the use of the word “gigs”. Workers have more flexibility and freedom in choosing who they work for and how long they want to be there, and employers are able to tap into cost-effective staffing requirements beyond physical offices and borders while accessing skilled staff. People can also work from home and take multiple roles or contract offers. Statistics New Zealand has found that a third of working New Zealanders are self-employed, or in temporary or part-time work, which is reflected in the increase in a mobile workforce and linked to technological advancement like high-speed mobile internet, cloud computing and artificial intelligence. For people working in a gig economy it is important to remain upskilled and agile to meet the changing employer and job market requirements. Some of the core skills in demand from 2018 and expected to grow through to 2022 are: analytical thinking, problem solving, critical thinking and analysis, creativity, active learning and learning strategies, emotional intelligence, leadership and PEOPLE AND CULTURE > BY SHARON JEFFERIES Coach and trainer – All about people TM www.everestpeople.co.nz social influence, coordination and time management. As a business leader or owner, what does the gig economy mean for you? As this trend continues to grow, businesses may need to ask questions and make decisions around staffing, research, training, branding, marketing, technology and many more areas. Can a gig economy meet your business needs? Veros delivers best-practice modern childcare centre with Fosters Veros Property Services have been proud to deliver the Learning Links Childcare Centre for the Waikato-based Kimpton family. Veros have provided full development management services for the project from concept to completion, working with Learning Links to develop the building brief and tenant specification, working with a leading design and consenting team, and then appointing and working with Fosters Construction as the main contractor to successfully deliver the project. The project involves delivery of a modern Learning Links Childcare Centre at 38 Hector Drive, Rototuna. The building provides best practice of modern learning environments that support early childhood learning and discovery in a stimulating and safe environment. It has been designed and delivered with high floor to ceiling heights, environmentally sustainable features and design. The space includes a vegetable garden and sustainable environmental practices within the building and play areas which aligns with the Learning Links philosophy of low emissions and zero waste commitments. There is the opportunity for the children to grow, harvest, cook and consume their own produce on site, providing a link between nature, food and wellbeing. The building has been designed and built with durable and low-maintenance materials, given the Kimpton Family are long-term property owners and investors in Veros have been operating in Hamilton and the wider Waikato since 2013. the building. Development director Michael Kemeys said that at the outset of the project the brief from the client was clear. “They wanted the building design to be in keeping with the agricultural roots of the Kimpton family, and to embrace the design influences from the barn and barn doors from the original family farm.” Construction started in February 2018 and was completed by mid-October 2018. For Veros, the project follows a period of sustained growth and success in Waikato. “Veros have been operating in Hamilton and the wider Waikato since 2013,” says Director Peter Williams. “In 2017 we moved our office from the outskirts of the CBD into Victoria Street in the heart of the city. We have seen the growth of our team here occur off the back of building strong relationships with our clients, and developing a reputation for delivering success.” Veros has a team of close to 20 highly experienced project managers, development managers and property asset managers working across Waikato and Bay of Plenty. “We are a privately owned business, based out of New Zealand’s provinces,” Peter says. “Our strength is that we are based out of the regions, and we know the property markets and development industry of the regions intimately. “We see Hamilton as a city experiencing a renaissance. There is investment and development occurring where businesses are recognising the value of being in the city centre, and people are choosing to live here for a range of reasons including being close to amenities, cultural facilities, and a growing metropolitan modern lifestyle the city if offering. Hamilton is growing up. “Our work is vast and varied,” he says. “In 2018 we are delivering more than 300 residential lots, townhouses, luxury apartments, new office space, a $50m spa and leisure centre, and a $40m public realm upgrade to name a few. We pride ourselves on having the skills and experience to deliver projects from concept to completion, acting commercially, and achieving outcomes and success for our clients.”
WAIKATO BUSINESS NEWS October/November 2018 43 NZ’s rocket man dreams big Starship Enterprise chief engineer Montgomery Scott had a reputation as a miracle worker. Asked by his captain, James T Kirk, how much refit time the starship required before she could relaunch, Scott said: “Eight weeks, sir, but ye don't have eight weeks, so I'll do it for ye in two.” Kirk asked Scott if he had always multiplied his repair estimates by a factor of four. “Certainly, sir,” was the reply. “How else can I keep my reputation as a miracle worker?” Rocket Lab USA founder and chief executive Peter Beck is a real life miracle worker of more legendary proportions than Scotty. There’s no multiplication of estimates going on in Peter Beck’s case, he just gets amazing results. Without Peter Beck, Rocket Lab USA would never have been founded in 2006. Without Peter, the company would never have embarked on 12 years of Inaugural CEO to guide further growth for Quantec Hamilton dairy biotechnology company Quantec has appointed its first CEO, Raewyn McPhillips, to lead its next phase of growth. Ms McPhillips’ appointment as CEO, beginning late November, will enable managing director and co-founder Dr Rod Claycomb to focus on R&D growth opportunities to further Quantec’s expansion in its key overseas markets, including China and Latin America. Established in 2009, Quantec specialises in extracting high-value bioactives from natural ingredients which are developed into proprietary ingredient formulations for use in human and animal health products. It manufactures a patented dairy ingredient, IDP ® , which is used by its customers to make products such as dietary health hard work culminating in the successful launch of an Electron rocket on January 20, 2018, from Launch Complex 1 on the Mahia Peninsula in Hawke’s Bay, New Zealand. Without Peter, Rocket Lab would never have invited Star Trek’s original Captain Kirk to open its production facility on October 12 in Mt Wellington, Auckland. William Shatner “sparked a generation of space enthusiasm and he is an icon”, Peter said at the Rocket Lab opening Without Peter, the Auckland facility would never have supplements and skincare products. It also manufactures a range of anti-acne products under the EPIOLOGY ® brand which contains IDP and is distributed through New Zealand pharmacies and Mexican dermatologists. Quantec won the supreme award at the Natural Health Products New Zealand awards in March this year. Dr Claycomb says Raewyn McPhillips will bring a wealth of leadership experience in the dairy and public health sectors. “Alongside her industry and leadership experience, she’s also extremely skilled in operational and supply chain management, which will be a huge asset as we look to move Quantec into its next phase of growth.” Ms McPhillips joins Quantec from Tatua Dairy Co-operative, where she was international ramped up rocket production to the rate of one rocket per week. Without Peter, Launch Complex 1 would never have been licensed to launch up to 120 times per year. Without Peter, the New Zealand space industry would not exist. Miracle worker indeed. To such an extent that Peter Beck’s pioneering name should be as well known in New Zealand, and even across the world, as Sir Edmund Hillary. New Zealand Herald journalist Holly Ryan recognised this when she quoted Dr Nicholas Rattenbury, from University of Auckland Department of Physics, about Beck’s accomplishments. Dr Rattenbury says sending a rocket to space remains one of the most challenging technological acts we, as a species, can accomplish. Peter has received the Meritorious Medal from the Royal Aeronautical Society for service of an exceptional nature to New Zealand aviation for his accomplishments. He has also received the Royal Society's Cooper Medal, the Innovation in Design and Engineering Award at the NZ Innovators Awards and was named 2016 EY Entrepreneur of the Year. If you asked Peter about the secret of his success he would probably put it down to his family, his friends, and everyone in his business from the person who mows the Launch Complex 1 lawns to the rocket scientists who designed and built the Electron rocket. But it all started with Peter Beck’s dream. trade manager. She has held leadership roles in operations and business improvement at Waikato District Health Board and Fonterra. She began her career as a laboratory technician before moving to technical and management roles across Fonterra. Her appointment follows Quantec’s announcement in May this year of a new general manager of China operations, Kirin Tsuei, to oversee Quantec’s sales and distribution in China. Quantec chair John Birch says the past 12 months in particular have shown significant growth. “Since this time last year, we have established a Chinese registered operating company and doubled our team’s size,” says Mr Birch. “As a relatively young company with science at our heart, we’re experiencing significant commercial success here in New Zealand and in several key markets overseas which is a terrific platform to continue growing from.” Ms McPhillips says she is looking forward to joining Quantec. “I’m excited to be working with this highly respected and innovative team to help deliver profitable and sustainable growth, and to continue to bring innovative products to customers around the world.” TECH TALK > BY DAVID HALLETT David Hallett is a director of Hamilton software specialist Company-X, design house E9 and chief nerd at Waikato Need a Nerd. The power of dreams cannot be underestimated. Sir Ed dreamed of conquering Mt Everest. Microsoft founder Bill Gates dreamed of a personal computer in every home. Apple founder Steve Jobs dreamed of the iPad and the iPhone. Peter Beck’s dream was sparked by a starship captain when Peter was five years old. William Shatner “sparked a generation of space enthusiasm and he is an icon”, Peter said at the Rocket Lab opening “I used to watch him when I was five years old and bouncing on my father’s knee in front of the television and I used to admire his exploration of the universe, boldly going where no man had gone before. That is Captain James T Kirk, Mr William Shatner. “I can only imagine going back in time and tapping on the shoulder and whispering into that little boy’s ear, one day that Captain Kirk’s going to open your rocket factory.” Raewyn McPhillips will be Quantec’s first CEO. 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Waikato Business News October/November 2018

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