Tag Archives: Buckett Law

“MONDAYISATION” – WHAT YOU NEED TO KNOW

In 2014 the Holidays Act was amended to allow for the Mondayisation of ANZAC day and Waitangi Day. All around the country Monday to Friday workers rejoiced as they would no longer miss out on a precious day off when public holidays fell on a weekend.

I hate mondays

The issue becomes how it impacts businesses and employees.

Trading Restrictions

Trading restrictions apply on the day the day the holiday falls. This means that for this year shops that are not exempt must be closed before 1pm on ANZAC day. No trading restrictions apply on Monday 27 April.

If The Employee Normally Works Saturdays

If the Employee normally works Saturdays, but you do not require them to attend work then you must pay them their normal day’s pay.

If the Employee normally works Saturdays and you remain open then you must pay them time and a half for the hours they work, as well as a day in lieu to be taken at a later date to be agreed upon between the parties.

If The Employee Normally Works Mondays, But Not Weekends

If the Employee does not work weekends then the holiday transfers to the following Monday.

If the Employee normally works Mondays, but you do not require them to attend work then you must pay them their normal day’s pay.

If the Employee normally works Mondays and you remain open then you must pay them time and a half for the hours they work, as well as a day in lieu to be taken at a later date to be agreed upon between the parties.

If The Employee Normally Works Saturdays And Mondays

An Employee is not entitled to “double-dip” on the public holiday. They only get the entitlement once. Therefore if the Employee works Saturdays the holiday is treated as falling on that day and the rules above apply. Monday becomes a normal day for them.

If you require further advice on this contact BuckettLaw and we’ll be happy to assist you with making sure you get it right and everyone is getting the right entitlements.

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What 2015 Holds for Employment Law

A big welcome to 2015 from the BuckettLaw team!

2015

2014 moves into the rear view mirror we look forward to what promises to be a big and exciting year for employment law in New Zealand, both for employers and employees.

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What the Election Results Mean for You

Over the weekend we had the New Zealand General Election, the National Party was once again the winner on the night, and with a surprising percentage of the party votes will now enter their third term in Government. The big question for us, and you, is what this result means for employers and employees. National are looking like a sure thing to hold a majority in parliament and can govern on their own without the need for minority coalition partners, this means that they will be able to pass the Employment Relations Act Amendments put forward by Simon Bridges without any opposition.

The biggest and most controversial changes to the Act come in the form of Collective Bargaining reform. This is where the Bill faced the most opposition at Select Committee. Sweeping changes come in the form of employers being able to opt out of collective bargaining if a stalemate is reached, the 30 Day Rule, whereby new employees are given the conditions of the collective for the first month is repealed and employers now have the ability to opt out of multi-employer collective agreements. You may not like these new provisions, but put down the signs, the megaphones and back away from the picket line, employers will now have the ability to decrease employees’ pay in response to partial strikes.

A main policy of the amendments is to increase flexibility in working arrangements for both employers and employees. These are implemented in the form of restructures to the provisions around rest and meal breaks, and employees’ abilities to request flexible working arrangements. Any employee may request changes to their working arrangements, including their hours, days or place of work. Previously this was limited to people who had another person in their care. This doesn’t mean you can start working from home in your PJs though! Employers have one month to consider the request and respond and may decline the request under certain circumstances, including quality decreasing, performance suffering, if it will cost them more, or the additional workload won’t be able to be spread among the current staff.

Workers will not rejoice over the new rest and meal break policies, instead of prescribed times the Act will move to a standard of reasonableness, and if an employer can’t reasonably provide breaks then the employer must provide them with compensation. These new standards are interesting as they are not defined and will likely to be tested in the Courts, though it does at a glance seem like an erosion of employee rights.

These changes may not be popular with all, but they will be passed into law soon enough with the result of the election. If you have any questions about how they will impact you as an employer or your rights as an employee, contact BuckettLaw, the employment law experts.

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Mmmmmmmmm

Mmmmmmmmm

Just another day at the office battling Valentines Day eager beavers to bring BuckettLaw chocolates to you. Lovers of all things chocolatey watch this space.

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Lawyers.. More Trustworthy than Sex Workers, Taxi Drivers and Door-to-Door Sales People

The results are out…and shock horror, legal eagles aren’t top of the trusted tables in New Zealand. That said, we must be doing something right as we have soared our way from a dodgy 36th to a (slightly) more respectable 28th in the 2012 New Zealand’s Most Trusted Professions list .

TESSA KATE HOGG 18/07/2012

For the past eight years fire-fighters (surely in no way assisted by the New Zealand female’s fire-fighter fantasy..) have dominated the poll. We Kiwis clearly appreciate those who save, or risk, life and limb with the top six professions being fire-fighters, paramedics, rescue volunteers, nurses, pilots and doctors . Sadly, lawyers don’t fare so well. While we have pipped sex workers, CEOs and journos at the post, we slide into a pretty shady position of 28th of 40. Better than 36, yes.. but still not great.

There is some stiff competition.. Richie McCaw won us the Rugby World Cup earning him the number one spot in the Most Trusted People category. Alison Holst has baked her way into our hearts at number 2 and Mad Butcher Peter Leitch at 3 shows our love for a good ol’ straight-talking sausage tycoon. Also notable is Corporal Willie Apiata who comes
in 5th. Although today it was announced the ‘reluctant hero’ is leaving the SAS, we trust him because 1. We hate tall poppies, so we like his reluctance and 2. In a war Willie would have our back. It’s always nice to have a living VC holder on your team. The only legal eagle to make it into the top 100 this year was Chief Justice Sian Elias at number 24.

Dusting off some of the artwork here at Buckett Law we realised New Zealander’s lack of lawyer love doesn’t really come as a surprise..

Reader’s Digest Trust Poll 2012 Professions

1. Firefighters
2. Paramedics
3. Rescue volunteers
4. Nurses
5. Pilots
6. Doctors
7. Pharmacists
8. Veterinarians
9. Armed forces
10. Police
11. Teachers
12. Scientists
13. Childcare workers
14.Farmers
15. Dentists
16. Bus/train/tram drivers
17. Chefs
18. Hairdressers
19. Builders
20. Plumbers
21. Mechanics
22. Truck drivers
23. Waiters
24. Shop assistants
25. Accountants
26. Bankers
27. Charity collectors
28. Lawyers
29. Religious ministers
30. Taxi drivers
31. Financial planners
32. Call centre operators
33. Chief executive officers
34. Journalists
35. Real estate agents
36. Insurance salespeople
37. Sex workers
38. Car salespeople
39. Door-to-door salespeople
40. Telemarketers
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