Law Lenz: Employment Law Done Right

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.

Everything You Need to Know About Good Faith

The foundation of a healthy work environment is a strong relationship built on trust and mutual respect. This concept extends to legal protections as well, with the duty of good faith acting as a core principle in employment law.
But what exactly does good faith entail, and how can employers and employees ensure they're upholding their obligations? The practical implications of good faith can be elusive and broad. Drawing from years of experience in advisory roles, host Sanam shares insights and practical tips to help both employers and employees navigate this essential aspect of New Zealand employment law.
From its foundational importance to the legal obligations outlined in the Employment Relations Act, Sanam breaks down the three key elements of good faith. Through anecdotes and real-world examples, understand how breaches of good faith can occur and the repercussions they entail.
This episode covers:
What is good faith?
Good faith and collective bargaining
Why good faith matters and why you should care 
Practical tips for the workplace and when navigating good faith
Tune into the episode to see how a duty of good faith is not just about legal compliance; good faith is the cornerstone of a productive and harmonious work environment.
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.
Resources:
Employment Relations Act - Section 4 Good Faith
Employment NZ - Good Faith
Employment NZ - Collective Bargaining and Good Faith
Legal Vision - What Does the Good Faith Obligation Mean in New Zealand?
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.

Ask Law Lenz: What Are My Voluntary Redundancy Rights?

With recent government announcements aiming to cut costs by 1.5 billion dollars, many New Zealand public sector agencies are facing the possibility of redundancies. This has led to a rise in voluntary redundancies being offered to employees. But what exactly are voluntary redundancies, and what rights do you have as an employee in this situation?
In this “Ask Law Lenz” segment, join Sanam as she offers invaluable insights and answers a listener’s questions surrounding voluntary redundancy. Specifically, this episode tackles three key questions:
What benefits and rights do employees have in a voluntary redundancy?
How does a voluntary redundancy severance package work?
Does my employer have any obligation to offer me additional benefits?
Drawing examples from recent announcements and public sector changes, Sanam takes a deep dive into how these redundancies impacts both employers and employees.
This episode covers:
What voluntary redundancy is and how it works
The process for voluntary redundancy
How to decide whether to take voluntary redundancy
Knowing if an employer should offer voluntary redundancies
What severance packages typically look like in voluntary redundancy situations
Throughout the episode, Sanam provides practical information for employees considering voluntary redundancy and employers navigating workforce restructuring.
With an eye on legalities and practical considerations, Law Lenz equips you with essential knowledge to navigate this challenging environment.
Subscribe to the Law Lenz Newsletter! CLICK HERE and secure your spot TODAY!
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.
Resources:
Workplace Change Selection Process - Employment New Zealand
Voluntary Redundancy - LegalVision New Zealand
Public Service Job Cuts: What Ministries Are Proposing - Stuff
MSD Cuts 200 Staff Through Voluntary Redundancies - The Press
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.

Workplace Woes? Early Resolution Service is the Answer

Workplace conflict got you down? What if there was a way to address workplace issues before you feel the employment relationship is becoming untenable? The Early Resolution Service, a free resource offered by the Ministry of Business, Innovation and Employment (MBIE), is the answer you've been searching for!
Imagine a resource designed to help employers and employees nip workplace conflict in the bud before it explodes into a full-blown personal grievance. That's the magic of Early Resolution Service! This episode of Law Lenz, hosted by Sanam, will be your guide through this valuable service.
In this episode, you'll learn everything you need to know about Early Resolution Service, including:
What is Early Resolution & how does it help?
Is Early Resolution right for your workplace issue?
Benefits of Early Resolution (faster, cheaper, better!)
When to look elsewhere for solutions
Using Early Resolution: A step-by-step guide
Tips for employers & employees to succeed
Stop workplace conflict from derailing your business! Tune in and discover how Early Resolution can save your work environment. Listen now and learn how to resolve conflict quickly and easily. 
SECURE YOUR SPOT - CLICK HERE TO JOIN THE WAITLIST TODAY! 
This podcast is your ticket to staying informed and empowered. Subscribe and follow Law Lenz for your regular legal fix!
Connect with Sanam on LinkedIn for key employment law insights. Follow us on LinkedIn for legal updates and more!
Got questions? Send them our way, and we will feature them in our next episode. Email your queries to asklawlenz@gmail.com.
Resources:
Early Resolution Service - Employment NZ
Early Resolution Application Form - Employment NZ
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.

Accredited Employer Visa Changes You Shouldn't Miss!

Have you been hearing rumblings about changes to the Accredited Employer Work Visa (AEWV)? Well, the rumours are true. The immigration law update that came into effect on 7 April 2024, has left many migrant workers and employers scrambling.
Back in February, the Public Services Commission released a scathing report highlighting serious issues with the AEWV process. Fast forward to April 2024, and the government responded with a significant shakeup designed to tighten controls and ensure migrant workers are genuinely needed.
This episode of the Law Lenz podcast is your one-stop shop for understanding the recently announced AEWV changes. Join Sanam as she breaks down the key changes for both employers and migrant workers. 
In this episode, Sanam covers changes relating to:
Reduced stays for workers
New English language requirement
Employer obligations such as stricter assessment requirements and visa conditions
Work & Income labour market tests
Skilled residence pathways
Lastly, Sanam will provide a refresher on key AEWV information and requirements that all employers should be aware of. 
Tune in now because this episode is here to give you a head start, so you can navigate the new regulations with confidence.
SECURE YOUR SPOT - CLICK HERE TO JOIN THE WAITLIST TODAY! 
This podcast is your ticket to staying informed and empowered. Subscribe and follow Law Lenz for your regular legal fix!
Connect with Sanam on LinkedIn for key employment law insights. Follow us on LinkedIn for legal updates and more!
Got questions? Send them our way, and we will feature them in our next episode. Email your queries to asklawlenz@gmail.com.
Listen to more Law Lenz episodes:
Click Here to tune into our update about no more 90 day trials for AEWV related applications. 
Click Here to tune into the changes to worker protection laws and the legal impacts on employers hiring migrant workers.
Resources:
Immigration New Zealand's update on AEWV changes
Immigration New Zealand - The accreditation process
ANZSCO list for checking job classifications
Immigration New Zealand webinar on 17 April 2024
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 is Law Lenz Headed?

In this episode Sanam takes the mic to share some exciting updates and insights into the future direction of the podcast. Join her as she discusses the evolution of Law Lenz and where it's headed next. From building a community to offering training and consultancy services, Sanam invites listeners to join the waitlist and share their ideas for the journey ahead.
She also dives into her mission to bring forward the employer's perspective in workplace discussions, advocating for better understanding and education among employers and HR professionals. Whether you're nodding along in agreement or curious about a different approach, Sanam's passion for positive change shines through. So, buckle up and tune in to discover where Law Lenz is headed next!
SECURE YOUR SPOT - CLICK HERE TO JOIN THE WAITLIST TODAY! 
This podcast is your ticket to staying informed and empowered. Subscribe and follow Law Lenz for your regular legal fix!
Connect with Sanam on LinkedIn for key employment law insights. Follow us on LinkedIn for legal updates and more!
Got questions? Send them our way, and we will feature them in our next episode. Email your queries to asklawlenz@gmail.com.
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.

Inflation's Impact on Compensation for "Hurt & Humiliation"

One of the key remedies available to an employee in a successful personal grievance claim is compensation. The compensation is associated with humiliation, loss of dignity, and injury to feelings. Over the years we have seen a steady increase with compensation. In 2023, there was a reassessment of compensation awards, which has now been adopted by the Employment Relations Authority and Employment Court. 
Whether you're an employer navigating the complexities of dispute resolution or an employee seeking justice in the face of adversity, understanding compensation is paramount. In today's episode, we're not just scratching the surface. We're diving deep into the nuances of compensation, exploring recent developments, real-world case studies, and practical insights that can equip you to navigate this terrain with confidence.
In this episode, we cover:
Understanding compensation and its significance in employment disputes.
Understanding the 3 band approach to compensation.
The five-step approach used by courts to assess compensation.
Real-world case studies illustrating compensation outcomes.
Insights from the GF v Customs (2023) case and its implications.
Observations on post-inflation adjustments and recent trends.
Key takeaways and the importance of knowing the bands.
Stay tuned as we unravel the intricacies of compensation remedies in employment law. 
This podcast is your ticket to staying informed and empowered. Subscribe and follow Law Lenz for your regular legal fix!
Connect with Sanam on LinkedIn for key employment law insights. Follow us on LinkedIn for legal updates and more!
Got questions? Send them our way, and we will feature them in our next episode. Email your queries to asklawlenz@gmail.com.
Resources:
Section 123(1)(c)(i) - Employment Relations Act 2000
Awarding Costs & Remedies - Employment Relations Authority
Banding Together: The Court's New Approach to Awards for Injury to Feelings
GF v Comptroller of Customs Judgment (PDF)
Parker & Magnum Hire - Bullied Manager Wins Over $130k Against Former Employer
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: Transferring Public Holidays with Ease

We are back with another “Unpack the Holidays Act” episode! This time around we're unpacking a topic that often flies under the radar: transferring public holidays. It's a provision that might be unfamiliar to many, yet it can provide great benefits to a workplace. Like with all other areas of New Zealand employment law, employers and employees must understand their obligations. 
Join Sanam as she uncovers the rights, obligations, and potential pitfalls involved in transferring public holidays. From the complexities of transferring part of a public holiday to reasons behind the transfer - she leaves no stone unturned.
This episode covers:
Automatic transfers under the Holidays Act
Transferring a whole public holiday under section 44B
Transferring part of a public holiday under section 44A
Analysis of Flower and Allied Investment 2018 ERA case 
Employer rights under the Holidays Act
Reasons why an employer or employee would suggest a transfer
Whether you're an employer seeking clarity or an employee navigating your entitlements, knowledge is your most potent ally in this complex employment law landscape.
This podcast is your ticket to staying informed and empowered. Subscribe and follow Law Lenz for your regular legal fix!
Connect with Sanam on LinkedIn for key employment law insights. Follow us on LinkedIn for legal updates and more!
Got questions? Send them our way, and we will feature them in our next episode. Email your queries to asklawlenz@gmail.com.
Resources:
Holidays Act Section 44
Transferring a Public Holiday by Agreement - Employment NZ
Flowers and Allied Investment 2018 Employment Relations Authority Case
Flowers and Allied Investment 2019 Employment Court 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.