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Fair Pay Agreements – What could they mean for you?

The Fair Pay Agreements Act has now been passed, and applications to initiate bargaining can be made from 1 December 2022. This raises a raft of questions about how this will work and what the implications will be for employers.

Unfortunately, even though the legislation has been published, many of these questions remain unanswered. We anticipate a lot of change and a number of challenges in the implementation in 2023.

So how will it work practically?

Initiating and bargaining parties

  • The process begins when an eligible Union applies to MBIE for approval to start bargaining as they have either 1000 workers or 10% of the workforce who would be covered supporting the application. It can also be initiated by a public interest test showing that the employees who would be covered receive low wages.
  • Once bargaining has been approved employer associations may apply to be the employer bargaining party. If no one steps forward as an employer bargaining party after 3 months, a default bargaining party will be invited to participate and given one month to respond. If they decline, then the Union can apply to the Authority for the terms to be set without bargaining.
  • Bargaining must be publicly notified by the Union and efforts must be made to notify all employers in writing, who may have employees who will be covered.

While at this stage most employer associations have not agreed to be employer bargaining parties, with the default setting being a determination by the Authority it is in business’s best interests to come to the table on this – or risk having no say in the terms.

The bargaining processes

The bargaining process is very similar to normal collective agreement negotiations. Employers will need to:

  • Act in good faith
  • Provide information to their employees around bargaining
  • Provide employee information to the Union (unless employees opt out of the process)
  • Allow employee bargaining representatives on-site to provide information to employees
  • Allow employees to attend up to two, two hour paid meetings about the Fair Pay Agreements

Mandatory clauses

All Fair Pay Agreements (FPA) must have certain mandatory clauses, like pay rates, overtime provisions, penalty rates (if they apply), training and development arrangements and leave provisions, amongst others. So it will be worth reviewing your agreements now to see what’s likely to change and consider your approach. If you pay a higher base hourly rate and no overtime, you may end up having both once an FPA is in place, so we encourage you to consider your position now.

If my workforce isn’t currently unionised, will this change?

A FPA would cover all employees in an occupation or sector, even those that are not Union members. You will however have to understand how to manage your work force with several agreements in place. Employees can still have an IEA and an FPA can also be in place. However, they are covered by whichever agreement is most favourable, so you could have multiple agreements to balance.

Which Industries are likely to have Fair Pay Agreements first?

Several Industries have been signalled as first cabs off the rank (Security, Bus drivers, Cleaning, Early Childhood Centres, Hospitality, Forestry and Supermarkets). There are reports that at least one Union has already started collecting signatures to start the initiation process. Heavily Unionised industries would be easiest to target first, and with a real chance of a change in Government next year, Unions will want to move as fast as possible to secure an FPA before then. The speed with which this can progress will be hampered by the Unions’ resource constraints and the ability of MBIE to process requests. As this is new territory, we anticipate it will take a while to get set up and will have teething problems, which is likely to mean a slow start to any processes.

However, as employers, being prepared will be key.

What can you do to get ready?

While there isn’t much an employer can do to influence which industries are targeted first, or when bargaining for an FPA is initiated, you can make sure that you are tight with whatever industry or sector bargaining forum you may belong to.

You can also ensure you provide good communication and dialogue with your team if and when you are approached for either Union access or to start the process. Ensuring your team receive accurate and thorough information from you will help to keep your relationship strong and stand you in good stead for the future.

As this new legislation spreads into workplaces, as always, your best strategy within your own business is to have a strong bond with all your employees. This will ensure that any inevitable challenges and hiccups that arise are successfully ridden out in your business.

Positive People have over 25 years’ experience in Industrial Relations and can support and update you through the changes Fair Pay Agreements will bring. Contact us now to discuss any questions you may have.

Call us on 09 445 1077 or email info@positivepeople.co.nz

 

 

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What do your people want from you?

A secure job, fair pay and good working conditions?

That would have been the most common answer some time ago. Today it is way more complex. While these may still hold true for some employees, in this changed environment there are now a variety of considerations.

Top of the list is what the employee experience within your organisation is like for each individual employee.

Does your Company satisfy the workplace needs of each and every one of your employees? Do you explore with your employees to find out what these are?

Whatever their individual workplace needs may be, the solution to satisfying these needs and therefore promoting high motivation, lies in aligning employee experience with engagement and the organisational environment in which they work.

Enhance the employee experience

From the moment a potential employee casts their eye over the job advertisement the employee experience begins. When they go through the application process, receive communication about the role, the interview, the remuneration and conditions negotiation, the offer or the regret letter, the discussion about the start date, the on-boarding process and the induction, and then the day-to-day working, the employee experience is being established and burned in for that employee. It will also establish your true employment brand and indicate to an employee if working for your business truly gives them what they want.

Lift engagement

Engagement is one of the key priorities for any employer to focus on. Not only is it about providing meaningful work that is understood and enjoyed by every employee, but it also embraces the whole culture of your organisation and how it feels to be part of it.

Creating an environment where employees WANT to be involved and committed is the key to high motivation. This responsibility rests with you – the employer. What can you do?

  • Find out what your employees want from their workplace
  • Find out what they think and feel about working for you

Do this through a combination of short sharp engagement surveys and discussion groups.

  • Put in place some fixes that address any of their concerns
  • Embrace their suggestions and improvements
  • Measure their thoughts and feelings again

In these ways you will gain some understanding of how engaged your whole team is with your business. And then you will be able to take steps to enhance their engagement.

Promote a great culture

Review all your systems, processes and people initiatives to see if they truly do enhance the employee experience. You may have to introduce new or fine-tune current systems. You may have to make some big changes.

Ideally you would tie all this together as part of your People Strategy driven by a practical HR Plan.

In order to implement a program that enhances the employee experience and lifts morale and motivation, draw up an HR Plan. This sets out what you have decided to do to improve your organisational culture in a straight-forward and practical way. It gives you targets, deadlines and a way of measuring your progress.

Here at Positive People we have been assisting businesses optimize their people contribution for over 25 years.

Call us on 09-445 1077 or email us at info@positivepeople.co.nz to talk about how we can help.

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Don’t miss an important talent option!

The war for talent is tough right now.

It seems to be a candidate market, salaries are being driven higher, the number of applicants per role is significantly down and roles can stay vacant for months.

But perhaps there is a trick missing? What about your internal talent?

Are you making the most of some fantastic people you already have? 

Sometimes in our haste to fill a gap that a resignation leaves, we miss taking the chance to reflect on our current team. We can miss the best talent that is already right under our noses.

Now is the time to do things differently, take some calculated risks and build stronger loyalty with our current team by giving them opportunities to develop and shine.

  • Could you take someone working in a different part of your business, who is proactive, knows your business and has loads of potential, and upskill them to fill the role?
  • Could an HR Advisor transition into a H & S leadership role with some development in this field?
  • Could someone who is ready for leadership in a sales team lead an operations team?
  • Could your new IT recruit be a really smart technical Customer Services Rep?

They may take a bit longer to get up to speed, but if you already know they have the capability to learn and the drive to make it happen, then seriously consider it.

Surely that is less of a risk than leaving the role vacant for months while you search for someone your think may be right. And perhaps end up compromising and settling for less than ideal anyway.

4 easy steps to make this happen

  1. Know your talent . Do you have a talent identification process in your business? If you don’t, now is the time to start. This helps you understand who has the capacity to grow in the future. It also allows you to make a plan to ensure you retain them.
  2. Review each vacancy afresh as it comes up for the skills you really need. We often draft up job ads with a wonderful long list of required skills. The current situation is an ideal time to look at this critically.

What can you train? What could be developed by an external course if a candidate is really motivated? Do you              really need extensive experience in a role?

Often if we have someone who is capable of learning and has the right behaviours, attitude and aptitude this                   will predict 90% of their success in a role.

  1. Take a calculated and bold step forward. Once you know what’s essential in a role, it is time to review your talent list. Instead of thinking who ticks “most of” the boxes, think about who has the potential to achieve in the role in the future.
  2. Create a thorough development plan. If you are moving someone into a new role where some development is required, taking responsibility for ensuring they receive this development is critical. You want to set them up for success and show you believe in them.

While the market is tough right now, it will pass.

However, if you have an open approach to your internal talent development, you may well be pleasantly surprised. You will also develop a culture of growth and opportunity that will help you emerge as an employer of choice, with a strong successful motivated team, primed for the future.

Positive People has over 25 years’ experience helping businesses develop talent. Call us today on 09-445 1077.

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Recruiting successfully in a tough market.

Speed is of the essence

Candidates will be making several applications at once. You can avoid a bidding war by moving quickly and securing them first.

  • In the past having an “applications close” date on your job ads was the norm. This allowed you time for all possible candidates to apply. You could then select the best. In today’s market if you try this approach, by the time you are making calls the best candidates will have been snapped up already. Making time to review applications every day means you can move quickly to interview talent and have the best chance of getting them on board.
  • Long recruitment processes with several interviews and tests can take weeks to complete. By the time you have proven you have the perfect person you will likely have lost them to another offer. Take the time to streamline your process – you can still make a robust selection decision in a couple of days if you are smart, creative, and flexible with the process. Make sure you know what is essential and cut out anything which isn’t.

Make your role stand out.

In a situation where a candidate is in the mix for multiple roles, think through how you can be different and make sure you are their number one choice.

  • How engaging is your job ad? Does it reflect your organisation and what candidates are looking for in a role? Flexible working, job security and career opportunities are top considerations so think through what you can offer that’s attractive and make sure it is highlighted.
  • The first impression counts. Think through your phone screen and initial contact. How can you make them excited about the role? What’s special about your business? How do you make them feel comfortable? Having a warm, engaging first up conversation will go a long way towards making your role their first choice.
  • Remember an interview is a two-way process. While you are assessing the candidate’s job fit, they are also assessing you, the role, and the business. Make the interview as engaging and interesting as possible, and that every person involved in the hiring process is right on top of their game.

Increase your sourcing channels

Placing an ad on SEEK and waiting for the magic “perfect” candidate to apply may leave you disappointed. Widening your channels will increase your reach, and your candidate pool.

Think about:

  • Linkedin
  • Referrals
  • Local social media pages
  • Professional networks
  • Training organisations

Make sure you have the offer right.

The market has shifted over the past year and is far more competitive. Do your research before your recruit so you know you have the right salary band for the current environment. If you don’t, you will turn candidates off at the first conversation, or with your job ad. And once a candidate has turned you down the chance of getting them to change their mind is minimal.

It is a candidate’s market right now. Your traditional approach probably needs a shake-up if you want to be successful. The right candidate is out there. If you understand the market and are creative with your approach, you will find them!

Our Positive People team understand the market and have the skills and experience to help you recruit well.

Contact us today if you have a recruitment need. info@positivepeople.co.nz

Or 09-445 1077 or 021-1845 661

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Vaccine Mandates – Navigating the changing landscape

It’s not that long ago when we were confronted with the conundrum of how to manage COVID-19 vaccinations at work. At the time we did our best to deal with challenging scenarios, differing views, the impact on working relationships and team culture.

We had difficult conversations with people who had to change their roles and others who lost jobs. Now we’ve come full circle. As the COVID-19 landscape changes, employment vaccination policies are once again under scrutiny.

While each situation will need to be managed carefully to reflect the unique individual, role and circumstances, here are some general pointers to consider.

  • Avoid creating a perception that management are dealing with this behind closed doors. This could create a climate of mistrust and further exacerbate matters.
  • Don’t make hasty decisions. There may be unintended consequences that damage your reputation and create animosity.

Here’s what you can do:

  1. Consult and communicate with your team about potential changes. Genuinely consider and respond to feedback. Some may have concerns about their own health or how clients may feel about changes. Others may believe that relationships were irreparably damaged and that resurrecting the subject will be destructive.
  2. Undertake another risk assessment. WorkSafe guidance indicates that a mandatory vaccination policy could be justified ‘where the nature of the work itself raises the risk of COVID-19 infection and transmission above the risk faced outside work’. Engage an expert who can support you through this process.
  3. Ensure you have a reasonable COVID19 policy in place, covering health and safety protocols e.g. hygiene measures, testing, sickness absence management. You could still encourage vaccination as one potential safeguard.
  4. If you change your organisation’s vaccination stance, establish how you want to manage vacancies for those who lost their jobs and could, in theory, come back on board. Do you want people to find out directly from you, or through the grapevine? Both approaches have pros and cons.
  5. Put in place a fair transparent selection process with clear criteria e.g. tenure, if you have more interest than roles available. You may need to make unpopular decisions so open communication with the team will be key, even if their desired outcome is not the result.
  6. Be certain about the uncertainty. None of us know what twists and turns the pandemic may take and it would be prudent to talk about potential future vaccination policies should the situation change.

In short, take your time to reflect on the situation, different viewpoints, potential implications and consider the needs of all your key stakeholders. Use the opportunity to re-establish trust and build a positive, consultative culture. Together, you will find the right approach.

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ACCREDITED EMPLOYER WORKING VISA (AEWV) – TIME TO PREPARE NOW

ENSURE YOU’RE IN A POSITION TO HIRE MIGRANTS WHEN YOU CAN 

ACCREDITED EMPLOYER WORKING VISA (AEWV)

TIME TO PREPARE NOW

Many employers have had difficulty recruiting staff during the pandemic and are delighted at the prospect of the borders opening and staffing issues being resolved. Most businesses are seeking to be in a position to be able to hire migrants as soon as they can. At the same time processes at Immigration NZ have been changing. Immigration NZ are introducing a new visa known as the Accredited Employer Working Visa (AEWV), and all employers will need to be accredited to either renew somebody’s visa or hire somebody on a work visa. It essentially replaces the Essential Skills visa and Talent Accredited employer visa.

What do you need to do to be ready?

23 May 2022 is the first date an employer can apply to become accredited and by 4 July 2022, you will need to have received your accreditation to have anyone in your employment on a work visa.

So, time is tight!

To be ready to apply by 23 May 2022, it is a good idea to determine what type of accreditation you will require and what information you will need to supply.

Types of Accreditations.

  • Standard volume – you will employ 5 or less on the new AEWV work visa per year
  • High volume – you will employ 6 or more on the new AEWV work visa per year per year

Note: This does not include employees on other visas eg: Student visas

There are two other categories; franchises or employers wanting to place migrants with controlling third parties. If you fall into either of these brackets, it will pay to search the requirements directly on the Immigration NZ website.

Employers who currently are accredited under the talent visa program will need to re-apply using the new process.

Accreditation Requirements

To gain either level of accreditation you must show that you:

  • Are a genuine business by providing financial information and company details
  • Have no recent history or regulatory non-compliance, complete a declaration to this effect and have background checks undertaken
  • Minimise the risk of exploitation by having your recruiting Managers complete an online employment rights module, providing evidence of a sound and fair recruitment process and providing work related settlement information to migrants.
  • Are paying at least the median wage for the job (which is $27.76 as of 4 July 2022)

The cost for  application is currently: standard $740 or high volume $1220.  You can upgrade to high volume at any point for $480. If you receive accreditation a job quota will apply which will register all your migrant workers and keep track of the number in your employment.

Job Check

Every time you want to hire a migrant, you will need to apply for a job check, and there will be a cost involved with this. The job check opens from 20 June 2022. You may use a job check for multiple positions if all the job details and conditions of employment are the same.

A job check will confirm:

  • The job pays at least the median wage
  • The terms and conditions of employment meet all the legislative requirements
  • The job has been advertised to New Zealander’s, including advertising the rate of pay and skills and experience required
  • The job is for at least 30 hours per week

For more information on the requirements for each level the Immigration NZ website provides further detail. 

It’s been a long time coming, and we know many businesses are struggling to recruit staff.

Being prepared and receiving your accreditation early will put you in a good position to make the most of borders opening and improve your chances of attracting amazing new employees.

Positive People can guide you through the employment related requirements and offer support to ensure you are ready for when the borders open.

 

Contact us now – we can help.

09-445 1077

info@positivepeople.co.nz

 

 

 

 

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Management Fatigue

Hands up… who is tired or a bit deflated right now?

Many of our clients are telling us that the ongoing uncertainty we are all living in, the changing work environment and heavy workload over the past two years is taking its toll. Leading people and driving business survival/success at this time can be exhausting. Humans are wired to cope with peaks of pressure very well, but don’t fare so well over extended periods of time.

So, what can you do?

Firstly, you need to look after yourself.

As a leader, you probably feel like you have no choice and must get on with it. That’s what good leaders do, right? But the reality is that you will not be able to support your team if you are fatigued and not in the right headspace.

Taking care of yourself may feel like the last thing you have time to do. But it is important to ensure that your business is tracking in the right direction and your team has the leader they need. You might set parameters around when/how often you check your emails, shorten meeting times by setting a clear agenda, delegate some responsibilities or empower your team to make some decisions. Focus on what you can control.

Once you are rejuvenated, share your story with the team – set the tone, lead the way. If the team see you making effective changes, they will feel that they too can take ownership of their own situation rather than feeling helpless.

Then, it’s time to take further action.

  • Sit down with your team to talk about where they are at, their pain/pressure points and figure out some sensible solutions together.
  • Assess if your methods of reward and recognition are effective. Do your team feel that their contribution is valued? Do you celebrate successes? Do you genuinely thank people regularly? Ask for feedback on what could be better. Trial some new approaches.
  • Regularly check in on progress – quick pulse surveys can be good to see if any changes you have made are hitting the mark.
  • Longer term, you might want to think about building resilience within your business by developing leadership capability around how to manage and deal with pressure, arming your people with helpful tools and techniques.

If you have had enough of the fatigue and you are ready to do something about it, talk with your Positive People consultant for ideas and recommendations. We are here to help.

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MAKE YOUR HR PLAN MATTER IN 2022

HR SUCCESS IN 2022

PERMANENT FLEXIBILITY & AN EMPLOYEE FOCUS

 

It’s been a tough two years, with plenty of change and many challenges thrown our way. And 2022 is shaping up to be the same. Many businesses and teams have done an amazing job during the Covid period – you have shown resilience, adapted quickly and demonstrated creativity and compassion in your Covid responses.

But what happens now?

NZ is right in the midst of the Covid wave, and at some stage this year we hope to emerge on the other side.

Looking ahead to what to expect in the HR space this year will be critical to continuing your strong business performance, attracting and retaining talent – and keeping your team safe and sane.

As you finalise your planning for 2022, here are some of the top considerations for your HR Plan:

  • The tight recruitment market – You will have all seen the labour market statistics, and with near full employment in New Zealand and the tight restrictions on immigration it is a candidate’s market right now. The number of applicants you receive will be well down on usual numbers, and quality candidates will be in the mix for several roles. It is critical you review your employment branding and recruitment processes to ensure you present a positive Company image, deliver a great candidate experience, and move quickly. Your offer needs to come first and be the most enticing if you are to win the war for talent. Is your employment brand attractive to candidates?

 

  • Retention of talent – With such a tight market, direct approaches to candidates are becoming more frequent. Even the most loyal team member can be tempted to take a look at a role promising a decent salary increase and other enticing benefits. Staying close to your talent will help you combat this. Make sure you know how they are feeling, what their career goals are and keep their development going – even during these trying times. Your investment in them and support will be remembered and repaid by continued service.

 

  • Wage Pressure – The tight labour market has driven up market rates. Add this to the minimum wage increase and the current inflation rates, and staff expectations are high. Recent articles in the media and statements from Unions around the cost of living has added to this. Getting ahead of the curve and reassessing your remuneration strategy is a proactive step to take so you can keep up with the market and retain your team members.

 

  • Wellness – While this has been critical throughout the pandemic, with Covid fatigue well entrenched, now is the time to think creatively about how to ensure your staff are taking real action to stay well. Most people have seen plenty of social media posts and posters around keeping well – but are they listening and is it working? Is it time to adapt to this entrenched environment and try something new on the Wellness front?

 

  • Flexible work – While this has been a top consideration for candidates for some time, it will become a critical factor for your current team once we steer through the Omicron wave. Employees are used to working from home, and for the most part have learned to do this effectively. They have also adapted their life accordingly. Once the wave passes and we start to go back to “normal” it will be a good time to review what that “normal” will look like. Staff that once happily commuted to work may not like the transition back, and new patterns will have emerged that your team may not want to give up, like picking up the kids from school and taking lunch time walks. It is time to take the learning from this period and design a flexible work system which accommodates this and becomes your new “normal”.

 

Being proactive in your HR planning and recognising which factors are important right now will help you implement the right HR strategies for current times. It is not a normal time – and a normal approach won’t be effective.

Positive People has 27 years’ experience helping businesses design HR plans which deliver great employment results and are fit for your individual circumstances.

Contact us now on 09-445 1077 to assist you to develop and implement an effective HR Plan.

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Christmas Party 2021- What To Do?

As the year-end approaches, we traditionally move into setting in motion our planning for the Christmas party, whatever guise that may take. We involve our employees, set a date, find a venue, let them know what we’ll be doing and then let our hair down a little and have some fun. Even last year, despite the challenges, we were able to do this. Not so this year.

If your intention is to thank your team for all their hard work and the difficulties they have endured this year, and to recognise their contributions by valuing their efforts, then it becomes a no brainer.

You have to somehow create a Christmas party plan that is workable and will reward your employees.

If you decide that you are going to hold a party this year, then time is tight and you’ll need to get organised quickly.

The introduction of the traffic light system, likely in early December, still provides huge challenges for employers to organise a social gathering.

Considerations

These include:

  • How many people there are in your organisation
  • The nature of your business
  • Are they geographically separated into smaller units, like branches?
  • Are there a number of natural work groups in your organisation?
  • The difficulties of inviting partners and/or children to any function because of vaccination and number issues
  • Are the vaccinated and the non-vaccinated employees separated at work?
  • Do you have a strong anti-vax voice in your workforce?
  • Do you have a strong pro-vax voice in your workforce?
  • Has the Government or have you independently mandated vaccinations in your workplace?
  • Have you the facilities to host a function on your premises?
  • What expectations do you think your employees have?

The first decision to make is whether to hold the function in November under the current system or to hold off until December when the traffic light system kicks in.

Holding it in November

It may well be better to grip the whole thing up, take control, and make a plan now that can be communicated, and your team can look forward to. In any event many Christmas functions are held in late November prior to silly season arriving, and this represents an opportunity to just get on with your planning.

Options for Auckland businesses

With a current limit of 25 people and restricted to outside socialising, potential options include:

  • A special take away lunch from a reputable restaurant hosted just for employees outside on site or at a scenic recreational park. This could work well if the employee numbers are less than 25.
  • The same arrangement but hosted and catered for by a senior manager at their residence
  • For larger organisations, holding separated Departmental lunches outside. This could have the feel of a larger gathering but would still meet distancing requirements
  • A small tea-time type party, held by Department, with special cakes and snacks provided
  • A virtual party with each employee Zooming in. Possibly with a specially delivered food/drink parcel to each employee. This could potentially work for a small organisation separated geographically
  • Deferring a party until the rules are clearly established and then holding it sometime in January to start the new year off on a good footing

Holding it in December

With the introduction of the traffic light system, larger gatherings will be permitted, but subject to a filter of vaccination certificates. If vaccination certificates are not used, then holding a Christmas function becomes difficult. If vaccination certificates are used, then up to 100 people can congregate with distancing, seating and separation.

Alongside any of the above options, you could also consider carefully choosing gifts for each member of staff. These could take the form of individual gifts or a choice of vouchers from different suppliers

So, the options are limited, but the important point that won’t be lost on your team is that you have put some thought into what can be done, recognised the importance to them and you have made a decision to acknowledge their sterling efforts this year.

We are here to support you, so if you would like to talk through your situation, please give us a call on 09-445 1077.

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Workplace Vaccinations – Have You Got It Right?

Vaccinations!

The hot topic of discussion right now, and the most important thing on many people’s minds as we wait with baited breath to see when Auckland will open up and as we try to understand what a new system will actually mean for us all.

But as well as the magic 90% mark giving us a date when we finally get to see family outside of Auckland, go to the gym, attend a gig, or have our next meal out, the vaccination topic also brings a lot of employment complexity and many questions for organisations to answer.

Some of the questions posed dive into unchartered employment and legal waters, and the considered answers need to be communicated with both balance and empathy. They also depend on the individual circumstances of each employee and each employer. Employers are also making decisions with a bigger picture in mind that also includes the need for talent retention.

Vaccination mandates

It is important to be clear that you cannot insist that employees be vaccinated. You can, however, mandate that certain roles may only be performed by vaccinated employees for safety reasons. The details on what roles and industries have been mandated by the Government, and will be in the future can be found here (Mandatory vaccinations for workers | Unite against COVID-19 (covid19.govt.nz)).

Even if your Industry isn’t covered by the Government mandate, it may well be that there is enough risk of your employees being exposed to Covid, that mandating roles to only be performed by vaccinated employees is still required to keep them safe. To determine this, Worksafe have published guidelines for performing a risk assessment. This information is currently being updated further, and this updated information is due to be published any day now. However, you can find the current information here (How to decide what work requires a vaccinated employee and WorkSafe’s enforcement approach | WorkSafe.)

Either way, if you decide to go down this path you still have to consider your responsibilities under the Employment Relations Act. You need to ensure you act as a fair and reasonable employer as you make your decisions and communicate with your team.

This would include:

  1. Developing a draft vaccination policy, which clearly outlines:
  • Your Company’s position on vaccinations
  • The processes you intend to follow to collect and store vaccination information
  • The process for vaccine exemptions
  • The application of the policy
  1. Consulting with your employees and any relevant Unions around your vaccination policy. This would include outlining the reasons for your position in writing and allowing them a period to consider this and respond
  2. Genuinely considering the feedback you receive in making your decisions, answering questions, and providing responses
  3. Providing your final decision in writing and allowing a reasonable time for this to take effect
  4. If you are mandating vaccination, considering redeployment options or alternative ways of working for unvaccinated workers, before making the decision to terminate their employment.
  5. The Government has also announced a 4-week compulsory notice period for anyone who’s employment is terminated due to their vaccination status, and while this isn’t legislated yet – it will be, so you will have to take this into account.

Vaccination Status

Some businesses may not be in the position to mandate vaccinations, yet there may be a need to understand the vaccination status of your team. This may impact the level of safety precautions you should be taking for Covid in the future or be something you need to consider for your normal BAU events.

What will happen if you want to visit a customer site where vaccination is mandated, yet you have an unvaccinated Sales Rep? Or you plan a staff event where the venue requires vaccinations passports to enter? Or your IT specialist can’t travel to another site, as they can’t board a plane?

These are all future possibilities we will have to consider, and that are just around the corner for us once the traffic light system comes into force.

Being armed with the knowledge of your team’s vaccination status helps you prepare for these events, can focus your vaccination campaigns in the right area, and helps you understand the impact any changes announced may have on your team.

The Privacy Act is a key consideration when asking for this information. You can make the request, but providing it should be voluntary. The information you gather must also be stored securely, and you should communicate clearly why the information is being sought, what is will be used for and  who will have access to it.

And there is more.

Other areas you will need to consider as a business will be:

  1. Your pre-employment process and how vaccination status fits in with this
  2. Your position on contractors or visitors who come onto your worksite

Each of these requires careful consideration, adherence to relevant legislation, and an employee centred approach which focuses on keeping your people safe.

While we have been in lockdown for some time and it may feel likes time is moving slowly, changes, updates, mandates and requirements in the vaccination space are evolving quickly, will continue to do so and will impact every workplace.

We recommend that every business takes the time to think this through carefully and acts now to keep your teams safe, be well set up for whatever comes next, and make sure you feel confident and ready for a happy Christmas break.