Waikato Business News July/August 2019

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48 WAIKATO BUSINESS NEWS July/August 2019 Publisher Deidre Morris Ph: (07) 838 1333 Mob: 027 228 8442 Email: deidre@nmmedia.co.nz Editor Richard Walker Ph: (07) 838 1333 Mob: 027 814 2914 Email: richard@nmmedia.co.nz Studio manager Tania Hogg Ph: (07) 838 1333 Email: production@nmmedia.co.nz Graphic designer Kelly Gillespie Ph: (07) 838 1333 Email: kelly@nmmedia.co.nz Graphic designer Tammy Johnson Ph: (07) 838 1333 Email: tammy@nmmedia.co.nz ADVERTISING INQUIRIES Please contact: Advertising account managers Joanne Poole Ph: (07) 838 1333 Mob: (021) 507 991 Email: joanne@nmmedia.co.nz Anne Terry Ph: (07) 838 1333 Mob: (027) 493 9494 Email: anne@nmmedia.co.nz Carolyn Jonson Ph: (07) 838 1333 Mob: (027) 821 5777 Email: carolyn@nmmedia.co.nz ELECTRONIC FORWARDING Editorial: News releases/Photos/Letters: richard@nmmedia.co.nz Production: Copy/Proofs: production@nmmedia.co.nz Subscriptions: accounts@nmmedia.co.nz 12 Mill Street, Hamilton PO Box 1425, Hamilton, 3240. Ph: (07) 838 1333 Fax: (07) 838 2807 | www.nmmedia.co.nz Keeping an employee’s position open during parental leave From July 1 July last year, primary carer leave (colloquially referred to as “maternity leave”) increased from 18 weeks to 22 weeks paid leave, and the payment rate increased from $538.55 to $564.38 gross per week. The primary reason behind these changes was to allow a longer bonding period between an infant and its primary carer (not restricted to, but usually the birth mother) and to allow breastfeeding mothers to breastfeed for the first six months of an infant’s life, as recommended by the World Health Organisation. This article sets out only the most basic rights pursuant to the Parental Leave and Employment Protection Act 1987 (PLEPA). It is a complex, unwieldy piece of legislation that would be impossible to fully summarise in 800 words, and reading the full act is highly recommended for anyone suffering from insomnia. For a primary carer to be entitled to paid primary carer leave, they must have worked continuously, on average for more than 10 hours per week, for the period of six months immediately before the birth or agreed date of the leave commencing. A person eligible for primary carer leave may also take extended leave. Those who have worked for six months before the leave are entitled to 26 weeks’ leave (which includes the 22 weeks of paid leave with the remainder unpaid), and those who have worked for 12 months or more before commencing parental leave are entitled to 52 weeks (including the 22 weeks’ paid leave, with the remainder being unpaid). Employers may need to throw the net wide, including considering contractors and temping agencies, given most employees would be unwilling to leave a permanent job for a temporary role. Section 41 of the PLEPA contains a presumption that an employer will keep an employee’s position open for the periods set out above, and the options for an employer to override this presumption are very limited. In a nutshell, the options are either that, due to the key nature of the employee’s position, it is not reasonably practicable to replace the employee on a temporary basis (Option 1), or where there is a genuine redundancy situation (Option 2). In the case of Option 1, an employer would need to be able to satisfy two arms of the test: first that the employee is in fact a key employee, which, among other things, factors in the size of the employer and the training period and skills required for the position, and secondly, that it is ‘not reasonably practicable’ to temporarily replace the key employee. Satisfying this test is considerably trickier than it may sound. It would be a rare case and difficult to argue that a key employee cannot be replaced on a temporary basis, given all employees are entitled to four weeks’ annual leave a year. An employer would need to be able to demonstrate that while the employee could be temporarily replaced for four weeks, that would not be possible for the duration of the parental leave period. EMPLOYMENT LAW > BY ERIN BURKE Employment lawyer and director at Practica Legal Email: erin@practicalegal.co.nz phone: 027 459 3375 Further, in Auckland Provincial District Local Authorities' Officers IUOW v Onehunga Borough Council [1989] 1 NZILR 476 (LC), Judge Castle held that: …the use of the word ‘practicable’ in our view has to be looked at as something far different from the words ‘possible’ or ‘available’ or ‘practical’, all of which necessarily implies a subjective test. It could be argued perhaps that whatever the Legislature meant by the words ‘not reasonably practicable’ could be construed as ‘virtually impossible’. That to us appears to be the broad position under the Act…. So an employer would need to argue that temporarily replacing an employee on parental leave would be ‘virtually impossible’, and there is also case law that states even a difficulty or impossibility in finding a temporary replacement is not relevant to this test, unless it arises out of the nature of the position (as opposed to the employer simply not being able to find someone, for example, due to unavailability or remote geographical location). Option 2 (redundancy situation) needs to be approached very cautiously, given the significant increase in judicial scrutiny that now applies to contested redundancies, as described in last month’s column. While a genuine redundancy situation may arise before or during a period of parental leave, redundancies which are suspected of being carried out with the intention of defeating an employee’s rights pursuant to the PLEPA are likely to end with reinstatement of the employee and an order for the employer to pay significant remedies to the employee to boot. The PLEPA requires employees to apply for primary carer leave at least three months before its commencement. Employers are urged to use this time well and to take all necessary steps to replace the employee temporarily, if that is what is needed. Employers may need to throw the net wide, including considering contractors and temping agencies, given most employees would be unwilling to leave a permanent job for a temporary role. Waikato Automotive Group appoints new general manager Waikato Automotive Group (WAG) is proud to announce the promotion of Amber McBeth as general manager. Amber was employed by Lightning Automotive Te Rapa in 2015 to answer phones. It quickly became apparent that she was capable of much more and her role within the company grew. Within 18 months, Amber was running the Te Rapa branch of Lightning Automotive and by 2017 she was leading two branches. Fast forward to 2019 and Amber is now in charge of Hamilton WOF Station, Power Steering Services and all three Lightning Automotive branches with a total of 20 staff. Waikato Auto Group owner Keith Marshall says Amber has great vision and leadership skills which allow her to get the best from those around her. Amber says the people she works with are a highlight of the job, along with the lovely customers she has met over the years. “Also my promotion has been a big highlight for me. I’ve been given room to grow and learn new skills with the support of my whole team so that’s been amazing too. “My team is amazing. We are like family. We are all close and we all look out for each other. It’s a really fun environment to work in because we all make jokes at each other’s expense and have a good laugh. Ninety-nine percent of the time you will walk in and someone is singing at the top of their lungs too, which is always hilarious.” Amber’s rapid rise is quite an achievement considering she had zero car knowledge and no staff management experience when she started. Especially when you consider that she is only 26 years old and a full-time mother to two young children who she idolises. “The biggest challenge in the beginning was the fact I had very little knowledge of cars in general. I struggled massively in the first six months just getting my head around the different repairs and services we offer. With that being said, it’s also made the job so much more fun because I’m constantly learning.” Due to flexible hours, Amber is able to do the school run and spend afternoons with her children, then finish her working day in the evening. When she first started, her daughter was 2 and her son was only 9 months old which meant she was still getting up in the night to them and then working 45 hours a week as well. “There were definitely times I thought of giving up because I was exhausted but then I would remind myself that I have my two little ones watching me and I need to be a role model they can look up to. “Now my kids are older, so we juggle work, school, kindy and sports! We are busy, but we love it.” Keith says Amber’s ability to manage and resolve conflict both internally and externally sets her apart. “We are already seeing gains from plans implemented by Amber to give staff more responsibilities and ownership of their individual stores. “Amber sets the standard for the business culture and is a role model to the people she works with.” 0800 WAG GROUP - Advertorial
WORKPLACE HEALTH AND SAFETY Safe Road Services: Who we are, and WAIKATO BUSINESS NEWS July/August 2019 49 what we do Safe Road Services is a Waipā-based, complete traffic management company that pride ourselves on offering safe, effective solutions for all temporary traffic management requirements. From the beginning stages of training, to traffic management plan (TMP) drawings, temporary traffic management and even reinstatements after the work is complete. Safe Road Services was first established in 2017. Since then we have grown to include a team of nearly 30 full time and on-call staff, qualified in all aspects of traffic management. We have the equipment and are adequately trained to set up sites of all sizes and durations. We can also provide 24/7 emergency response crews. Our current clientele includes everything from reputable civil construction and highway maintenance companies through to tree trimming and utilities. We are a very safety-conscious company and have a strong focus on ensuring everyone returns home safe, whether it be our staff, our clients or the general public - everyone's safety is our priority. We regularly provide traffic management sites to suit a variety of works, roads and durations. These sites are to ensure a safety barrier between the travelling public and the workers who are working within the road corridor. With the increase in health and safety legislation over recent years, more and more businesses are beginning to understand the need to have adequate traffic management when working around the roads, to ensure the safety of their staff as well as the public. Our management staff are qualified and experienced in creating and designing TMPs for all different scopes of work. Once we have created the TMP, we then submit it to the appropriate road controlling authorities for approval. As well as TMP drawings and temporary traffic management sites, we provide training courses which are run by our in-house certified provider with a wealth of on-the-job experience. Graduates of all Site Traffic Management courses receive a NZ Transport Agency-approved certification, qualifying them to work on road networks throughout New Zealand. We offer a one-day Traffic Controller (TC) training course, a two-day level 1 Site Traffic Management Supervisor (STMS) course as well as a one-day refresher, and a halfday WCTL course - which is necessary if you drive a waste control vehicle. Here at Safe Road Services, we are strong believers in giving back to the community. We choose to show our support by sponsoring local sporting teams and events within the Waipa. We are proud sponsors of the Cambridge High School second XV rugby team, and the special children’s Christmas parties. Feel free to call us anytime, we are happy to help take bookings or answer any queries. - Supplied copy “Safety. All day… everyday” ✓ Traffic Management ✓ Project Management ✓ Construction & Reinstatements ✓ TMP Design & Drawings ✓ Consultancy & Training ✓ 24hr Emergency Response ndel 0800 SAFE TTM (72 33 88) www.saferoad.co.nz Hamilton | Waipa | Franklin | Matamata | Otorohanga | Waitomo | Waikato | Hauraki | Coromandel
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Waikato Business News July/August 2019

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