December 2023 - Bay of Plenty Business News

December 2023 BAY OF PLENTY BUSINESS NEWS 13
EMPLOYMENT LAW
Workplace law update
As we close out 2023, many employers are buoyed
by the new National led coalition government.
In this article, we explore what this will mean for
New Zealand’s employment, health and safety and
immigration law over the next year and update you
on the emerging themes we are seeing in workplaces.
Workplace laws
under a National-ACT
Coalition Government
National and ACT agree on the
following workplace law changes,
which we expect to happen in
2024:
• Repeal the Fair Pay Agreements
Act 2022 (and end fair
pay agreement bargaining
currently underway with six
industries).
• Reinstate 90-day trial periods
for all businesses (meaning
those with over 20 employees
would be able to use 90-day
trial provisions with unjustified
dismissal protections).
• Remove the requirement to
pay Immigration NZ’s (INZ)
“median wage” to meet
Accredited Employer Work
Visa (AEWV) requirements.
• Amend the Parental Leave
and Employment Protection
Act 1987 to allow parents to
divide paid parental leave
between them in the way that
they think is best, eg taking
this at the same time, one after
the other or in overlapping
instalments.
• Create a new visa category
that will allow parents and
grandparents sponsored by
their children or grandchildren
to apply for a multiple
entry visa, allowing for travel
over a period of five years.
Finer details are to be agreed
but National has said it would
require visa holders to have
health insurance for the duration
of their stay, while ACT
says visa holders will need
to pay a $3,500 annual fee
towards a public health fund.
National has also indicated
further immigration changes
(although the coalition make up
will impact progression of these
policies) including:
• New visa categories.
• Priority processing services for
fast tracking INZ applications.
• Doubling the Regional Seasonal
Worker Scheme cap and
exploring new countries for
this and changing the Working
Holiday Visa (WHV) Scheme,
including increasing the age
from 30 to 35 and allowing second
and third WHVs for some
workers.
Tikanga in the
workplace
Recent Employment Court decisions
regarding the application
of tikanga/tikanga values in the
workplace have highlighted the
importance of employers applying
these values appropriately
for their workplace context, at
least where they have committed
to this or are otherwise asked to
take account of cultural considerations
by employees.
The Court has commented
that in order to uphold tikanga/
tikanga values in the workplace,
effort must be applied and sustained
from beginning to end of
the employment relationship and
this requires more than simple
translations that seek to embed
tikanga/Te Ao Māori in Pakeha
concepts.
Employers are expected to
engage appropriate Tikanga
experts or cultural advisors to
build on their understanding and
application of the same.
KATE ASHCROFT AND
CHRISTIE MCGREGOR,
Partners, Copeland Ashcroft
Kate and Christie act for employers
across a wide range of industries
nationwide, giving advice and providing
representation in disputes.
Employee or
Contractor?
Scrutiny of independent contractor
arrangements by the
Court continues and employers
are well advised to review these
arrangements to make sure they
are fit for purpose.
Health and Safety
Mental health is firmly on Work-
Safe’s radar. It is investigating
complaints, and we anticipate a
prosecution in respect of harm
to mental health to happen soon.
Employers whose health and
safety management plan does not
deal with bullying, harassment,
discrimination or psychosocial
risks and mental health are likely
to be exposed in this respect,
with recent statistics indicating
29% of complaints to WorkSafe
are mental health related.
WorkSafe will also continue
its focus on key industries such
as agriculture, construction, forestry,
manufacturing, healthcare
and social assistance according
to its Harm Reduction Plan,
including holding those at the top
of organisations to account for
health and safety failings.
Other law changes
There are also possible key law
changes coming around:
• Human rights, proposing to
make discrimination on the
grounds of gender identity
or expression, or variation of
sex characteristics unlawful,
and to include an obligation to
make reasonable accommodations
for all LGBTQIA+ people
in the workplace; and
• Privacy, proposing changes
including a new notification
obligation on an agency when
it collects personal information
indirectly, to update New
Zealand’s privacy laws in line
with international best practice.
Under the new principle
the collecting agency would
be required to notify an
individual of a range of matters,
including its name and
address, the purpose of collection,
and rights of access to
and correction of information.
Immigration
Accredited employers can expect
Immigration New Zealand (INZ)
to be completing audit checks
(INZ targets are that this will be on
15% of accredited employers each
year) on accreditation and general
immigration requirements
including to ensure that migrant
workers are not being exploited.
These checks were expected,
after INZ granted accreditation to
numerous employers at pace and
without any deep review of the
applications for these.
As such, employers who are
audited are well advised to seek
advice in engaging with INZ as
their accreditation is at stake. INZ
has advised that as of 6 November
2023, 94 employer accreditations
have been revoked and
21 suspended, following these
checks.
The list of immigration
requirements that employers will
need to keep on top of continues
to grow. The Worker Protection
(Migrant and Other Employees)
Bill (Act) is scheduled to come
into force from 6 January 2024.
This Act will allow MBIE/
INZ to raise a new strict liability
infringement offence where a
migrant worker is employed in a
manner that is inconsistent with
the conditions on their work visa
or where a migrant worker is
employed when they do not hold
an appropriate visa.
The finer details of how MBIE
will operationalise the Act has not
been released yet, however it is
likely that the infringement penalty
($3000 per worker for companies)
will be added to existing
penalties that can be raised.
The offence is widely worded
and captures scenarios including
where a migrant worker is: paid
below the wage rate, working
outside the location or in a role
that is not the role, set on their
Accredited Employer Work Visa.
Keeping up to date
with changes
As changes come into play with
the new government, employers
can maximise the opportunities
presented by changing
workplace laws by seeking the
right advice and documentation
to support this, ensuring they
remain competitive in the current
market and managing risk
appropriately amidst the headwinds
that business faces.
Copeland Ashcroft Workplace Lawyers provide specialist advice, representation
and support across employment, immigration and health and safety law, to
businesses throughout New Zealand.
To receive invitations to our workshop and seminar
series, and keep up to date with the latest on
Employment, Health and Safety and Immigration law
issues, visit www.copelandashcroft.co.nz and subscribe.
www.copelandashcroft.co.nz | Phone 07 577 8662 | Tauranga: Level 4, 35 Grey Street