Top ten employment law tips for employers:
- Ensure you have an employment agreement in writing for each employee - joint agreements, for example an employment agreement for both a husband and wife, are illegal in New Zealand.
- When hiring, choose the correct employment agreement for a prospective employee - ensure you have considered whether you want the employee to be employed on a permanent, fixed term or casual basis and have selected the appropriate employment agreement.
- Ensure that you have included all the clauses that are mandatory under the Employment Relations Act 2000 in the employee’s individual employment agreement – if you are not sure what these are, seek advice.
- Allow a prospective employee time to seek advice in relation to their employment agreement and ensure that the employee has signed their employment agreement before they start working for you – a 90 day trial period won’t be enforceable otherwise.
- Keep good records for each employee including a copy of their individual employment agreement, records of the employee’s annual and sick leave entitlements, job descriptions, and wages/salary records.
- Consult with employees in good faith before changing any terms and conditions of their employment agreement.
- Ensure you have provided employees with copies of your policies, such as health and safety, vehicle and IT policies.
- Follow correctly disciplinary and redundancy procedures. Give employees sufficient notice of and information about disciplinary or redundancy/restructuring meetings and give them the opportunity to state their view on the matter.
- Keep up to date with changes in employment law to ensure that your employment agreements reflect current legislation.
- Obtain legal advice early on in a dispute with an employee or where you perceive that a dispute may arise in the future.
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