Law Lenz: Employment Law Done Right

Probation Periods - The Who, What, When, Where & Why

Probationary clauses are a common feature in New Zealand employment agreements. They serve as a valuable tool for both employers and employees to assess mutual suitability in the role and workplace. Yet, the requirements and nuances of probation periods often go unspoken.
Join host Sanam in this episode as she delves into the multifaceted role of probationary periods, emphasising the requirements for ensuring their validity and the steps for a smooth termination.
In this episode, we will cover:
The purpose of probationary periods
Differences and similarities with trial periods
The legal framework and when to use probationary periods
Top tips for employers to meet compliance requirements
A guide to terminating under probation
Don't miss this crucial episode that offers comprehensive insights into managing probation periods effectively. Whether you're an employer seeking more knowledge or an HR professional looking to refine your practices, this episode will equip you with the strategies to succeed.
When's the last time you did a trial period refresher? Look no further! Listen to our episode on trial periods - Click Here to tune in now! 
Secure your spot and unlock Law Lenz perks! CLICK HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 
Resources:
Probationary arrangement - Employment Relations Act
Trials and probationary periods - Employment NZ
Probationary periods - Edwards Law (blog article)
Trial period refresher - Sanam's Linked Post
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

How Laws Are Made & Key Bills to Watch

From a new idea to a binding rule, New Zealand laws undergo a rigorous journey through Parliament. Bills are proposed, debated, and scrutinised before facing the public spotlight. If they survive this gauntlet, they’re signed into law.
So, have you ever wondered how laws are actually made? Join us as we demystify the legislative process, shedding light on the often lengthy and intricate journey from a bill's introduction to its enactment. We’ll also delve into some key bills currently in the pipeline and discuss the potential changes they might bring.
What we’ll cover in this episode:
The stages a bill goes through before becoming law.
A look at specific bills that could significantly impact workplaces and employees in New Zealand.
Coverage of bills related to restraints of trade, wage theft, remuneration, and KiwiSaver protections.
Whether you're an employer, a HR professional, or simply curious about how laws come into being, this episode is packed with valuable information and engaging anecdotes.
Tune in for a guide to the legislative process and stay informed about what's on the horizon in the legal landscape!
We want to know what topics you want to hear more about. Participate in our poll today - CLICK HERE!
Secure your spot and unlock Law Lenz perks and express your interest! CLICK HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 
Resources:
How a bill becomes law
Employment Relations (Restraint of Trade) Amendment Bill
Employment Relations (Employee Remuneration Disclosure) Amendment Bill
Employment Relations (Protection for Kiwisaver Members) Amendment Bill
Crimes (Theft by Employer) Amendment Bill
Sanam’s LinkedIn post about wage theft of migrant workers
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Pause & Poll - Shape the Future of Law Lenz!

Did you know that Law Lenz hit pause? Sorry to all the Spotify listeners that didn't get this episode. But don't worry, we're back on it and releasing weekly episodes every Tuesday starting from 30th July! During our brief hiatus, we wanted to flip the script and put the ball in your court. Our host Sanam wants to know what burning insights you’re craving. 
So what are you waiting for? Join our poll HERE and tell us what legal mysteries you want unraveled. No personal info needed — just your curiosity! Here are the hot topics up for exploration: 
Performance management
Disciplinary 
Medical incapacity 
Redundancy and restructures 
Holidays Act 
Dismissals and terminations
Personal grievance 
Participate in the poll today! CLICK HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 

Comin' In Hot - Proposed Holidays Act Changes

Have you heard all the commotion? Holidays Act changes are comin' in hot! For years, the Act's ambiguity, especially regarding atypical work arrangements, has led to widespread non-compliance and significant remediation costs. However, changes are on the horizon, and the Act is set to undergo a massive overhaul in 2024.
Join host Sanam as she explores the proposed legislative amendments introduced by the Coalition government, aimed at simplifying and improving the Act. This episode will break down the key issues and proposed changes to annual leave, family violence leave, bereavement leave, alternative holidays, public holidays, and sick leave entitlements. You'll get a clear understanding of how the proposed changes aim to address critical concerns.
Stay tuned for more Law Lenz insights, as the public will have a chance to weigh in on the specifics when a draft proposal is released for consultation in September 2024. Don't miss out on this crucial discussion that promises to reshape the future of holiday entitlements in the workplace.
Secure your spot to get the Law Lenz Newsletter straight to your inbox! CLICK HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 
Resources:
Holidays Act Reform MBIE
MBIE Holidays Act Review - Policy decisions for an exposure draft of the Bill
MBIE Holidays Act Reform - Further policy decisions
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Where Rest and Meal Breaks Commonly Go Wrong

The law guarantees employees minimum rest and meal breaks to ensure wellbeing and productivity. These breaks come in two flavours: paid 10-minute rest breaks and unpaid 30-minute meal breaks. The number of breaks an employee gets depends on how long they work. However, even with clear guidelines, employers are still getting it wrong. So how do these misunderstandings and oversights occur? 
In this episode of Law Lenz, we dive into the critical but often misunderstood area of rest and meal breaks. Join your host, Sanam, as she explores the common pitfalls and provides essential tips to ensure your business remains compliant and your employees stay safe and healthy.
In this episode, we tackle:
The legal requirements for rest and meal breaks under the Employment Relations Act.
Real-life cases highlighting where employers went wrong and how to avoid these mistakes.
Practical steps to implement clear break policies and clauses in your agreements.
Understand the importance of recording breaks.
Overview of the potential consequences of getting breaks wrong. 
Don't miss this crucial episode that can help you navigate the complexities of breaks and ensure you maintain compliance in your workplace. 
Have you listened to last weeks' controversial episode on excessive sick leave? Click Here to tune in now! 
Want to know about "hurt and humiliation" compensation bands? Look no further - Click Here to tune in today! 
Secure your spot and unlock Law Lenz perks! CLICK HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 
Resources:
Employment NZ - Rest and meal breaks
Employment Relations Act - Part 6D Rest breaks and meal breaks
ERA Case - Hong and S&C Centreplace Limited
ERA Case - CSJ and JRL
ERA Case - Lee and Yamaya NZ Limited
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Taboo Talk - Excessive, Misused & Non-Genuine Sick Leave

We've all been there. Sometimes, we just don't want to go into work, and if you own or operate a business, then you may have come across creative ways an employee may avoid work. Sometimes they may opt to 'chuck a sickie'. Other times, you may see an intermittent but frequent pattern forming where it seems like sick leave is being taken advantage of.
Whether it's faking symptoms, calling in after annual leave has been declined, or having a pattern of taking sick leave on desirable days like Mondays or Fridays - it can disrupt work schedules, burden colleagues who have to cover for the absent employee, and erode trust between the employee and employer.
Join host Sanam, as she dives into the controversial and often taboo topic of taking advantage of sick leave and non-genuine sick leave on Law Lenz.
In this episode, Sanam explores both the ethical dilemmas and the financial repercussions for SMEs in New Zealand. From personal anecdotes to employment law cases, Sanam provides tips and insights on how employers can navigate these tricky sick leave scenarios with ease.
Key topics covered in the episode:
Understanding what is meant by taking advantage of sick leave.
Misusing & non-genuine sick leave: Understand the fine line between genuine sick leave and misuse, and learn from real-world cases on how an employer can address these issues.
How to prevent misuse & excessive sick leave: Get tips and insights on how employers can implement effective steps to deter abuse without penalising genuinely ill employees.
Understand how to temporarily manage the workplace while tackling initial sick leave concerns.
Don't miss this episode if you want to stay informed about one of the most pressing issues in workplace management today. Tune in to learn how to protect your business and ensure fair treatment for all employees.
Secure your spot and unlock Law Lenz perks and express your interest! CLICK HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 
Resources:
Employment NZ - Sick Leave Entitlements
Employment NZ - Proof of sickness
My HR - Managing sick leave: An employers guide to absenteeism
Cavell Leitch - Constantly sick employees and non-genuine sick leave. When is enough, enough?
NZ Herald - Air NZ Case
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Hours of Work - What No One Tells You

What if I told you that getting your employment agreements wrong could cost you $20,000? And what if I told you that you might be making this mistake right now? Welcome to another eye-opening episode, where we delve into the critical topic of hours of work and why it's essential to get it right.
Join Sanam as she uncovers the often misunderstood and unspoken rules surrounding minimum and maximum work hours. From the surprising findings on websites to real-life cases that highlight the costly consequences of non-compliance, this episode is packed with valuable insights for employers and HR professionals. 
We'll explore:
The importance of specifying hours of work in employment agreements.
Key sections of the Employment Relations Act and the Minimum Wage Act.
Real-life cases and their implications.
Best practices for setting and managing work hours.
Tips for avoiding legal pitfalls when considering hours of work.
Whether you're an employer, HR professional, or just curious about employment law, this episode provides the essential knowledge you need to ensure compliance. Tune in to learn how to avoid costly mistakes and ensure your employment agreements are robust and clear.
Secure your spot and unlock Law Lenz perks! CLICK HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 
Resources:
Minimum Wage Act - Section 11B
Employment Relations Act - Agreed Hours of Work s 67
Employment NZ - Hours of Work
Pick Hawke's Bay ERA Case
H4M ERA Case
Abhisek Quality Foods ERA Case
Letter of Variation Law Lenz Episode
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Can the Support Person Be a Spokesperson?

Under New Zealand employment law, employees have the right to bring a support person or representative to meetings. This person can be anyone the employee chooses, such as a friend, family member, union representative, lawyer, or even a trusted colleague. With a support person's role going beyond just being a silent observer, there is confusion around what a support person can and cannot do. 
This episode aims to clarify common misconceptions and provide practical advice for both employees and employers. Join host Sanam as she discusses tips to ensure that the presence of a support person doesn’t disrupt the meeting's purpose.
This episode covers:
When to offer a support person
How much time to give employees to find a support person
What a support person can and cannot do in a meeting
Tips for navigating meetings with support persons
Packed with practical tips and insights, this episode equips you to handle potentially stressful situations with confidence. Don't miss out – tune in and gain valuable insights to protect your rights in the workplace!
Secure your spot and unlock Law Lenz perks! CLICK HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out the Law Lenz website HERE. 
Resources:
Employment NZ - Informal Actions
Mark Donovan - Is a support person allowed to speak?
LegalVision - What is the role of a support person in disciplinary meetings?
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

Unpack the Holidays Act: Cashing Up Annual Leave

Juggling leave requests can be tricky, especially when employees request to cash out their annual leave instead of taking a vacation. This can be due to various reasons, such as financial needs, sending money home, or saving for a larger future trip.
While it's important to encourage breaks to prevent burnout and boost productivity, accommodating these requests can leave HR professionals and employers with a dilemma. This episode of Law Lenz dives into the Holidays Act in New Zealand to navigate the legalities surrounding cashing up annual leave. Host Sanam unpacks the how-tos and legalities for both employers and employees, ensuring everyone is on the same page when it comes to cashing up leave.
This episode covers:
The specific provisions in the Holidays Act that allow for cashing up annual leave.
Detailed information on the legal requirements and procedures for both requesting and processing these payouts.
Practical tips for employers on handling multiple requests and maintaining compliance.
Important "don'ts" for employers to avoid potential legal pitfalls.
Whether you're an employer unsure about handling such requests or an employee contemplating cashing up your leave, this episode provides all the information you need to navigate this complex issue confidently.
Secure your spot and unlock Law Lenz perks! CLICK HERE!
Come along to the Frog Recruitment session - Register HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions like today? Send them our way, and Sanam will feature them in the next episode. Email your queries to asklawlenz@gmail.com.
Check out other 'Unpack the Holidays Act' episodes:
Unpack the Holidays Act: Is the Public Holiday An Otherwise Working Day
Unpack the Holidays Act: Can I Decline An Annual Leave Request
Unpack the Holidays Act: Transferring Public Holidays with Ease
Resources:
Holidays Act - Section 28A
Employment NZ - Cashing up annual holidays
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.

When to Use a Letter of Variation

Changing existing terms in an employment agreement can be confusing. Have you ever found yourself wondering whether to issue a brand new employment agreement or if variation letter will do? Lately, this question has been popping up more frequently among both employers and employees. So it's time to shed some light on the matter.
In this episode host, Sanam, clarifies the difference between a variation letter and a new employment agreement, helping you choose the right approach. Starting with a brief overview to understand the fundamental rule against unilateral changes and the requirement of mutual agreement. The episode then moves on to discuss when a letter of variation should be used and when a new agreement is more appropriate.
Whether you're an employer seeking clarity on the best course of action for your business or an employee eager to understand your rights, this episode offers a wealth of knowledge and actionable insights.
Tune in to unlock the secrets when considering a variation to the terms of employment and empower yourself with the tools needed to navigate this complex terrain with confidence.
Secure your spot and unlock Law Lenz perks! CLICK HERE!
Subscribe and follow Law Lenz for your regular legal fix! Follow Sanam on LinkedIn for key employment law insights.
Got questions like today? Send them our way, and we will feature them in our next episode. Email your queries to asklawlenz@gmail.com.
Check out last weeks' episode:
Everything You Need to Know About Good Faith
Resources:
Legal Vision - Employment Agreement Changes
Business.govt - Letter of Variation Template
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.