Law Lenz: Employment Law Done Right

Easter Sunday's Weird & Wacky Side

People wouldn’t usually connect Easter Sunday with employment law. So being a day where religious significance is at the forefront, why does employment law matter?
In this episode, Sanam takes you on a journey through the intriguing twists of the Shop Trading Hours Act. A piece of legislation that came into play in 1990 and gained peculiar amendments in 2016. Forget what you know about the Employment Relations Act, this one's all about Easter Sunday and the nuances that come with it. Discover the weird and wacky rules that often elude many employers, especially those with retail, hospitality and market related businesses.
This episode explores:
The intersection of Easter Sunday and public holidays
Insights into the Shop Trading Hours Act 1990
Requirements for working on Easter Sunday
Peculiarities of refusal to work
Practical tips for navigating Easter Sunday
How to handle employee requests and pay
Whether you own a shop or are simply curious about Easter Sunday peculiarities, join Sanam on Law Lenz for an eye-opening episode proving that employment law can be weirder and wackier than you ever imagined. Don't miss out—hit play and stay informed!”
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:
Shop Trading Hours Act 1990
Working Over Easter - Govt.nz
Easter Sunday Rights and Responsibilities - Employment NZ
Easter Sunday Trading Template Letter for Employers (PDF)
 
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: Leap Year, Loopholes & Free Labour

The 29th of February may not have shaken New Zealand, but it sure stirred up some internet commotion. Every four years, the leap year brings with it the familiar question that never fails to spark debates. In this Ask Law Lenz segment, Sanam unravels the age-old query: Are you really working for free on a leap day?
Dive into a lighthearted episode where Sanam dissects the confusion surrounding leap years and workdays. From employment relations specialists to HR experts, everyone's weighing in, but the real surprise comes when Sanam's partner calls her out of the blue with a burning question about leap years. Thus, the genesis of a hilarious and informative episode.
As pay day may be fast approaching, and you may have stumbled upon confusing articles, this episode is a must-listen to better understanding if you have a “get outta work card”. Ease your worries, have a laugh, and leap into this episode with Law Lenz!
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:
HRD Leap year loophole
Stuff - Why the belief that you don't get paid on a leap day is wrong
Stuff - Are you really working for free on a leap day?
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.

Preparing for the Minimum Wage Increase on 1 April 2024

Prepare for imminent shifts in minimum wage. With changes to kick in on 1 April 2024, the adult minimum wage will see a modest 2% increase. This offers a welcome change to employers reeling from a staggering 48% increase over the past eight years.
In typical discussions about minimum wage changes, crucial aspects often go unnoticed. This episode delves into the new minimum wage rates, unraveling the adjustments for adult, starting out, and training wages. Amid the buzz of heightened pay, Sanam, the host, directs attention to the frequently overlooked dimensions of managing these changes, particularly in terms of employee communication and payroll system updates.
In this episode, we confront unspoken hurdles encountered by employers, tackling questions like whether all employees should receive a pay increase and how to navigate requests for pay rises from existing staff. The episode navigates the intricate landscape of relative pay scales, offering indispensable insights for employers grappling with these multifaceted challenges.
Tune in for an exploration of the upcoming minimum wage changes, as Sanam skilfully highlights both the anticipated and often underestimated facets of this topic.
Don't miss out on the best HR insights! Follow Lisa Young on LinkedIn and check out her website for awesome freebies and more! 
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:
Check out the Law Lenz episode on employing young people in NZ to understand when the starting out and training wage applies to your employees. 
MBIE - Minimum Wage Rising to $23.15 per hour from 1 April 2024
Beehive.govt.nz - Minimum Wage Set for Cautious Increase
Law Lenz Episode - Employing Young People 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.

Verbal Warnings are Obsolete - Try a Letter of Expectations Instead

Yes, you read that title right! In this episode, we boldly tackle an unpopular opinion that verbal warnings are obsolete. Verbal warnings are regularly thought of as a resource for managing employees, but how effective are they? Especially in the grand scheme when you are considering termination. 
With common myths such as "three strikes and you're out" or verbal warnings being a stern talking to, there is a lot to unpack. Join our host, Sanam, as she discusses the pros and cons of verbal warnings. Sanam will present you with an alternative - setting expectations and utilising a ‘letter of expectations’. Delve into how this approach can be a quicker, easier and more effective option for your workplace.
In this episode, we'll cover:
Understanding the nuances of verbal warnings and their potential pitfalls.
Debunking the infamous three warnings and you're out myth, with insights into New Zealand's unique employment landscape.
The process of delivering a proper verbal warning.
The power of setting expectations and why it's a game-changer in managing workplace issues.
A step-by-step process for effectively setting expectations with employees and using a ‘letter of expectations’.
Armed with the knowledge gained from this episode, you'll be empowered to choose the best approach for managing your employees.
This podcast is your ticket to staying informed and empowered. Subscribe and follow Law Lenz for your regular legal fix!
Follow and connect with Sanam on LinkedIn for regular 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:
Setting Expectations (Performance Related) - Employment NZ
Warnings (Verbal and Written) - Employment NZ
Can I Just Give Them a Verbal Warning? - WRMK
Importance of Setting Clear Expectations - CP Consulting
 
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.

New Migrant Worker Exploitation Laws - Are You Prepared?

On 6 January 2024, the Worker Protection (Migrant and Other Employees) Act came into effect. This ushered in significant changes across the Employment Relations Act, Immigration Act, and Companies Act. If you're involved in hiring migrant workers or work in HR, understanding these changes is crucial to compliance and avoiding legal consequences.
This episode delves into the core aim of the legislation — preventing the exploitation of workers - especially migrant workers. Host, Sanam, explores the definition of worker exploitation, shedding light on non-minor breaches of employment standards. The episode covers changes to the Immigration Act, emphasising new offences and the importance of maintaining accurate records. Moving on to the Employment Relations Act, Sanam outlines how the changes impact employers facing inquiries from Labour Inspectors. The episode concludes with a discussion on changes to the Companies Act and the implications for those managing or directing a company.
This episode isn't one to be missed! Remember compliance is key and being aware of the worker protection changes will help you stay compliant. Tune in to ensure you understand all of the changes and how this can impact your business.
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:
New Zealand Worker Protection, Migrant and Other Employees Act 2023
Employment New Zealand - New Requirements for Employers Under the Worker Protection Act
Immigration New Zealand - Immigration Changes Resulting from the Worker Protection Act
Stuff - Burger King Barred from Hiring Migrant Workers for a Year
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: Help! Do I Have to Stop Working From Home?

As businesses shifted online during the peak of COVID, many employers embraced remote work. Today, remote work has emerged as a talent magnet for both employers and employees. However, as we are now seeing employers push for on-site returns, the efficiency of remote work is under scrutiny.
In this Ask Law Lenz episode, designed for both employers seeking legal insights and employees with concerns, Sanam delves into the rights and challenges in today's dynamic landscape.
Join Sanam as she unravels the complexities of the vital question, "Can my employer make me return to the office?". Exploring perspectives from both sides, she navigates the post-COVID evolution of remote work and the growing reluctance to return on-site.
Sanam expertly guides listeners through the intricacies of handling return-to-work requests, covering:
The crucial significance of employment agreements
Navigating flexible work requests in the current landscape
Key tips to successfully navigate this dynamic area of 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:
LegalVision - Work On-Site
University of Otago's Working From Home Policy
Employment Relations Act - Grounds to Refuse Flexible Work
Employment NZ - Flexible Work
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: Can I Decline an Annual Leave Request?

Navigating the delicate process of declining annual leave requests is an unavoidable challenge in any workplace. The impact can be twofold – either the employee understands the decision, fostering a positive work environment, or negative feelings fester, potentially leading to dissatisfaction. 
In this episode, host Sanam delves into the challenging topic of declining annual leave requests and its impact on workplace dynamics. She explores the legal aspects of when employers can and cannot decline leave, focusing on the critical section 18 of the Holidays Act 2003. Using a real-world example from the case of Dearsly and Encore Designer Seconds Limited, Sanam discusses the fine line between employer rights and employee entitlements. She sheds a light on the importance of communication, genuine business reasons and good faith obligations. 
Packed with legal expertise, practical tips, and even a touch of humour, this episode is a must-listen for employers, HR professionals, and anyone interested in taking annual holidays. So, join us as we unravel the complexities of declining annual leave and equip yourself with the knowledge to navigate these situations effectively.
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 might feature them in our next episode. Email your queries to asklawlenz@gmail.com.
Resources:
Taking of Annual Holidays - Holidays Act 2003
Taking Leave - Community Law Manual
Dearsly 2014 NZERA Case - Employment Relations Authority 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.

Trial Periods Refresher: How to Avoid Costly Mistakes

In December of last year, the landscape of trial periods underwent a significant shift, unraveling new possibilities for every employer out there. This change brings a breath of fresh air, allowing businesses of all sizes to embrace the 90-day trial period clause. If you haven't ventured into trial periods lately or want to ensure you're on the right track, this episode is tailor-made for you.
Join us for an eye-opening discussion on this often-misunderstood clause that can either be your safety net or a potential pitfall. We're delving into the requirements essential for a valid trial period. From the crucial need for agreements made in good faith to providing a reasonable opportunity for advice – every detail matters.
Have you ever wondered about the termination process during a trial period? Maybe you have been in some curly terminations and wanted to know if providing reasons was mandatory? In this episode, Sanam tackles these burning questions and more. Delivering a no-frills discussion that unveils the hard truths around trial periods and getting it right!
In this episode, we explore:
What is a 90-day trial period?
Distinguishing between probation and trial periods
Essential requirements for a valid trial period
Safe terminations and what to do
Crucial warnings and tips on what to avoid
Sanam also sheds light on practical evaluations or pre-employment work trials and how, when used incorrectly, they can impact the trial period. Curious? Listen to our episode on navigating pre-employment work trials HERE.
 
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 might feature them in our next episode. Email your queries to asklawlenz@gmail.com.
 
Resources:
Employment.govt.nz - Trial Periods
90 Day Trial Period Calculator & Tools
Citizens Advice Bureau - Trial Periods
Community Law - Trial Periods
Copeland Ashcroft - Understanding Trial Periods
Edwards Law - 90-Day Trial Periods Are Back
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.

Employee Handbooks: Can't Live Without 'Em

Have you ever considered implementing an employee handbook? When was the last time you reviewed your current policies? Amid the hustle of daily operations, the potential of this humble handbook often goes unnoticed. An employee handbook can transform your workplace by creating a more transparent and harmonious environment. Giving your employees one go-to document where they can easily answer any questions they have, might be the missing piece in your workplace.  
The world is your oyster when it comes to tailoring the handbook to your business's needs. From absence notification procedures, to incident reporting when it comes to health and safety, and even performance reviews. Discover the advantages of a crystal-clear set of guidelines, from concise policies to seamless procedures. Join Sanam as she discusses the benefits and shares her best tips for crafting a handbook that goes beyond rules, creating a transparent and efficient workplace for your team. 
In this episode, Sanam examines:
What elements should be included in your employee handbook?
The profound purpose behind these essential guides
Navigating the landscape of equality and disadvantages
The pivotal role of employee feedback in refining your handbook
Essential tips for effective acceptance and signature requirements
Top-notch strategies to harness the art of crafting employee handbooks
 
This podcast is your ticket to staying informed and staying empowered. 
Subscribe and follow Law Lenz for your regular legal fix! 
Follow Sanam on LinkedIn for the key employment law insights. Follow us on LinkedIn for legal updates and more! 
Got questions? Send them our way and we'll feature them in our next episode. Email your queries to asklawlenz@gmail.com
 
Resources:
Indeed - Employee Handbook Guide
Sport NZ - HR Policies and Employee Handbooks
Employment NZ - Workplace Policies
Business NZ - What You Need to Know About Policies and Procedures
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: Navigating Casuals on Holidays

Welcome to the inaugural Ask Law Lenz segment! Happy New Year to all our listeners celebrating today!
Join our host, Sanam, as she delves into a timely question from a New Zealand employer in the hospitality sector. Unraveling the complexities of casual employment, this episode explores the collision of public holidays with set working days and the ensuing questions about holiday entitlements.
Peeling back the layers of New Zealand's employment law, discover the blurred lines between casuals and otherwise working days. If you manage casual employees, this episode is a must-listen! It discusses the delicate balance employers must maintain. Ever wondered what happens when a casual employee sporadically takes sick leave on what used to be an otherwise working day?
As our regular listeners know, Laughs with Law Lenz is a dry joke that Sanam delivers in our fortnightly episodes. We've swapped it this time for a New Year's joke:
Why did the employee bring a ladder to the New Year's meeting? To show the boss they were ready to climb the corporate ladder in the upcoming year!
Don't miss the chance to expand your legal knowledge and join our growing community seeking clarity in the complex world of employment law.
Subscribe and follow this podcast to stay up-to-date with Law Lenz!
Follow us on LinkedIn for legal insights and more! Follow our host on LinkedIn for the latest employment law updates. 
Got questions? Send them our way and we'll discuss 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.