Law changes to watch out for
-Dieter Adam, CE, The Manufacturers Network The Government has launched a couple of working groups which will be critical over the coming years in the area of employment law and regulation. We already have the Employment Relations Amendment Bill, to which we submitted and presented our comments to the Select Committee, and now there is a review of the Holiday Act 2003, as well as a Fair Pay working group. After a number of high profile cases of underpayment of holiday entitlements by some employers (both private and public sector), the Government is reviewing the Holiday Act 2003. The review group will include representatives from Business NZ, Unions and Government, and will be chaired by Gordon Anderson, law professor at Victoria University. The group is set to report back in 12 months, though any legislation changes will likely be two or three years away, depending on political movements. In terms of detail, so far, we have a Cabinet Paper outlining the terms of reference, which include key objectives of the review to develop options that: make the provision of, and payment for, entitlements to holidays and leave simpler and more readily applicable to the range of working arrangements in the labour market provide clarity and certainty to employers and employees so that employees receive their correct entitlements and employers’ indirect compliance costs are reduced aim to protect the overall entitlements to employees are easy to systematise and implement in payroll systems One example of the issues in the current act described in the Cabinet Paper is the definition of a working week, when hours may be variable, or a company’s roster and production cycle does fit into a weekly cycle – the act does not provide clear guidance and simple rules for how to deal with such a situation. […]