The Government has passed two important new bills that contain key changes to employment rules.
Most of the changes come into effect on 1 April 2011.
Key changes to the Employment Relations Act include:
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90 day trial periods – will be extended to all employers.
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Union access – employers will need to respond to Union access requests within one working day (previously two days) and consent will only be presumed to be given if two days pass without a response from the employer (this has not changed). Where access is refused, the employer must give written reasons by the end of the working day after the refusal (again, previously this was within two days)
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Dismissals – dismissals will not be unjustified if the defects in process were minor and did not result in the employee being treated unfairly
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Employment agreements – all employers will be required to retain a copy of the individual employment agreement or individual terms and conditions of employment. An employer who fails to do so may be subject to a penalty
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Intended employment agreements – must not be treated as an agreement if the employee has not signed the agreement or not agreed to any of the terms and conditions specified
Key changes to the Holidays Act include:
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An option to cash in up to one week of annual leave. However, an employer may have a policy preventing the cash in option
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The option to agree to transfer the observance of a public holiday. However, again, an employer may have a policy preventing such transfer
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Proof of sickness or injury – an employer may be able to request proof of sickness or injury where the leave has been for a period of less than three days if the employer informs the employee as soon as possible that proof is required and agrees to meet the employee’s expenses
For further information please contact
Myriam Mitchell.
Updated: December 2010
