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Waikato Business News July/August 2023

Waikato Business News has for a quarter of a century been the voice of the region’s business community, a business community with a very real commitment to innovation and an ethos of cooperation.

Waikato Business News has for a quarter of a century been the voice of the region’s business community, a business community with a very real commitment to innovation and an ethos of cooperation.

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50<br />

Government Ends<br />

Covid-19 Restrictions<br />

Mandatory isolation for Covid-19 is no longer required. However,<br />

the Ministry of Health’s guidance is that people should selfisolate<br />

for at least five days if they are unwell, or they test<br />

positive for Covid-19. The obligation for the wearing of face<br />

masks for visitors to healthcare facilities has also been removed.<br />

In summary, the changes<br />

which came into effect<br />

from 12.01am Tuesday,<br />

<strong>August</strong> 15 mean that all<br />

Covid-19 requirements have<br />

been removed and are no<br />

longer in place.<br />

Covid-19 Leave Support<br />

Scheme (LSS)<br />

The Covid-19 Leave Support<br />

Scheme also ended on <strong>August</strong><br />

15 and associated payments<br />

will no longer be available<br />

through the Ministry of Social<br />

Development for employees<br />

who tests positive for Covid-<br />

19 after this date.<br />

What Do Employer’s Pay<br />

Employees Who Have<br />

Covid-19?<br />

If an employee has Covid-19<br />

and is unable to work, then<br />

usual considerations relating<br />

to sickness and the taking of<br />

sick leave apply. This means<br />

if an employee has paid sick<br />

leave entitlement available,<br />

then they should utilise that in<br />

the first instance.<br />

Alternatively, if the<br />

employee has exhausted all<br />

of their paid sick leave entitlement,<br />

or have no entitlement<br />

available, then they may<br />

need to take unpaid sick leave,<br />

unless of course they are still<br />

fit enough to be able to work<br />

and can work from home.<br />

An employee who has<br />

tested positive for Covid-<br />

19 should not be permitted<br />

to work at the employer’s<br />

premises because there is a<br />

risk of spreading the virus<br />

further. The employer and<br />

the employee may need to<br />

consider what the available<br />

options are:<br />

• Taking paid sick leave;<br />

• Taking unpaid sick leave;<br />

• Working from home (if the<br />

employee is able to);<br />

• Taking sick leave in<br />

advance of entitlement;<br />

• Annual leave by agreement.<br />

Can Employer Request a<br />

Medical Certificate?<br />

Grayson Clements<br />

promotes four legal<br />

staff to new positions<br />

Yes, an employer can request<br />

that an employee provide a<br />

medical certificate to support<br />

any period of absence for<br />

sickness, including Covid-19<br />

at any time. There are rules<br />

relating to who pays for meeting<br />

expenses associated with<br />

obtaining a medical certificate<br />

in terms of paid sick leave entitlement<br />

under the Holidays Act<br />

2003, which may need to be<br />

considered.<br />

Alternatively, an employer all of their entitlement to paid<br />

may require an employee to sick leave, then the employer<br />

produce a medical certificate<br />

may require them to produce a<br />

at their own expense for medical certificate at their own<br />

any sick leave taken outside expense for unpaid sick leave.<br />

of their paid sick leave entitlements<br />

EAL’s employment agreement<br />

under the Holidays builder on the Employers Tool-<br />

Act. However, an employer box has this particular clause<br />

should have contractual provision<br />

available. Outside of this word-<br />

under the terms of an ing, then the employer should<br />

employee’s employment agreement<br />

pay associated costs in terms of<br />

which makes this clear. the employee providing a med-<br />

Namely, wording that says if ical certificate in the event the<br />

WAIKATO the employee BUSINESS has exhausted NEWS, employer JULY/AUGUST requires one. <strong>2023</strong><br />

Requiring a RAT Test<br />

The Ministry of Health still<br />

want RAT test results to be<br />

reported. As before, submissions<br />

of positive results will<br />

receive an SMS acknowledgment<br />

from the official 2328 or<br />

2648 numbers to confirm the<br />

positive result.<br />

An employer could accept<br />

evidence of this as proof of that<br />

the employee has Covid-19,<br />

thus saving the expense with<br />

requiring a medical certificate<br />

and additional pressure on the<br />

health system, i.e. time and<br />

resource in terms of providing<br />

a medical certificate.<br />

Report RAT test results at<br />

https://covid19.govt.nz/<br />

testing-and-isolation/<br />

if-you-have-covid-19<br />

From Employers<br />

Assistance Ltd newsletter<br />

– employers.co.nz<br />

Hamilton law firm Grayson Clements has promoted four of<br />

its legal staff to new positions within the firm.<br />

Elizabeth Hussain and<br />

Donna Gifford have<br />

been promoted from<br />

associates to senior associates,<br />

and Philip McHugh and<br />

Emily Schwikkard have been<br />

promoted from lawyers to<br />

associates.<br />

Director Andrew Clements<br />

says the promotions are<br />

an exciting step forward for<br />

Elizabeth, Donna, Philip and<br />

Emily and for the firm itself.<br />

“Our promotion pathway<br />

is very much about recognising<br />

our people not just for<br />

their technical skill and excellence,<br />

but also their leadership<br />

potential, character and relationships<br />

with clients.<br />

“We’re very proud to recognise<br />

the efforts of Elizabeth,<br />

Donna, Philip and Emily, and<br />

congratulate them on their<br />

very well-earned promotions<br />

here at Grayson Clements.”<br />

Philip McHugh’s legal passion<br />

is in tech, coupled with an<br />

expertise in corporate structuring<br />

which has seen him<br />

pioneer legal agreements in<br />

complex sectors involving digital<br />

enterprise, cryptocurrency<br />

and NFTs. Philip works with<br />

clients to understand their<br />

drivers and develop solutions<br />

that protect their interests<br />

both now and in the future.<br />

Emily Schwikkard specialises<br />

in general civil and commercial<br />

litigation and has<br />

experience in novel estate<br />

claims, significant trust matters<br />

and insurance matters.<br />

She has a calm and pragmatic<br />

approach to dispute management<br />

of all types and works<br />

closely with a wide network of<br />

Barristers and other professionals<br />

to deliver results.<br />

Elizabeth Hussain is a specialist<br />

property and finance<br />

practitioner, and regularly<br />

advises institutional, commercial<br />

and high net wealth private<br />

clients. Elizabeth’s motivation<br />

is client relationship<br />

management and building a<br />

team to understand and meet<br />

client needs.<br />

Donna Gifford has a core<br />

focus on residential conveyancing.<br />

Donna is a Fellow of<br />

the New Zealand Institute of<br />

Legal Executives with more<br />

than 15 years experience in<br />

every type of conveyance. Her<br />

clients benefit from her extensive<br />

experience and her interaction<br />

with the team which<br />

also makes her a key link<br />

between Grayson Clements’<br />

property clients and the wider<br />

legal team.<br />

Philip McHugh, Elizabeth Hussain, Emily Schwikkard, Donna Gifford<br />

Grayson Clements – Design, Deliver, Protect<br />

Grayson Clements was established in 2008 by lawyers Michael Grayson and Andrew<br />

Clements, who both had a desire to grow a firm that focused on designing solutions,<br />

delivering results and protecting people. Their work and reputation have gained<br />

traction and their client base has grown organically to a point where they now have<br />

a team of 25 staff across a range of practice areas.

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