Law Lenz: Employment Law Done Right

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.

Quick Legal Update: Farewell to Fair Pay & Hello to Trial Periods

Merry Christmas from Law Lenz! Hold onto your festive hats because our latest episode is unwrapping the most crucial employment law changes that you won't find under the Christmas tree. The NZ Coalition Government has just dropped two major updates that are set to redefine the game! 
In this episode, join Sanam for a quick legal update covering the Employment Relations (Trial Periods) Amendment Bill. Forget about the typical Christmas present – Sanam delves into the Government's commitment to inject dynamism into the job market and create new opportunities by extending 90 day trial periods to all employers. 
And let's not forget about the repeal of the Fair Pay Agreements (FPA) legislation. Sanam breaks down what this means for workplaces, offering insights into the ripple effects and what you need to know.
 
This episode is your ticket to staying informed on the pulse of employment law changes in NZ. 
Stay informed, stay empowered. Subscribe and follow Law Lenz for your regular legal fix! 
Follow us on LinkedIn for legal insights and join 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
 
Resources:
MBIE Fair Pay Agreements Legislation
Employment NZ: 90 Day Trial Periods Extended to All Employers
 
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: Is the Public Holiday an Otherwise Working Day?

Another year, another round of public holiday puzzles! While public holiday entitlements might seem straightforward for those on the 9 to 5 grind, the intricacies of rotating rosters and weekend shifts add layers of complexity to an already intricate area of law. 
Tune in for a deep dive into the Holidays Act with Sanam as she not only deciphers the complexities of otherwise working days, public holidays on weekends, and challenges faced by on-call employees but also distills key lessons from the Wendy's Hamburgers cases and demystifies Monday-isation and Tuesday-isation.
As we bid farewell to 2023, we will leave you with golden nuggets of wisdom and actionable insights. By the end of the episode, you'll have a backstage pass to understanding public holidays—essential for both leave-juggling employers and employees eyeing that extra day off. 
Episode highlights:
Defining and navigating otherwise working days
Lessons learned from the Wendy's Hamburgers cases
Monday-isation and Tuesday-isation demystified
On-call employees and their holiday entitlements
When leave and public holidays collide
Key takeaways for a holiday-ready workplace
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
 
Resources:
Employment NZ: Determining Otherwise Working Day
Employment NZ: Otherwise Working Day Tool
Wendy's case: Wendco (NZ) Ltd v Labour Inspector of the Ministry of Business, Innovation and Employment [2017]
Employment NZ: Public Holidays and Leave
Employment NZ: Public Holiday Falls on Saturday
Employment NZ: Public Holidays Fall on a Sunday
 
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.

“Try” Before You Hire: Pre-Employment Work Trials

Whether referred to as work trials, practical evaluations, or interviews, a pre-employment work trial serves as a valuable resource for employers and HR professionals. It allows a comprehensive assessment of an individual's skills before extending a job offer, recognising that a brief interview might not always suffice.
Join Sanam in this episode as she navigates the complexities of work trials—a tool both advantageous and potentially dangerous in the landscape of employment. Sanam not only examines the effective utilisation of work trials but also delves into the legal ramifications associated with their misapplication.
In this episode, we'll cover:
Defining the essence of work trials
Strategically implementing work trials – understanding when and how
In-depth analysis of notable cases: The Salad Bowl Limited v Howe-Thornley (2013) and Mawhinney v Sfizio Ltd (2019)
Unveiling the legal position and extracting key lessons from these pivotal cases
Exploring the risks and consequences when work trials take an unfortunate turn
Proactive guidance on how to appropriately and securely harness the potential of work trials
Equip yourself with the knowledge needed to make sound decisions in your employment practices. Whether you're an employer, HR professional, or someone curious about the intricacies of hiring processes, this episode promises valuable insights.
 
Don't miss out on these valuable insights! Subscribe and follow this podcast to stay up-to-date with Law Lenz!
Follow us on LinkedIn for the latest legal insights and more! 
Got questions? Send them in, and we'll discuss them in our next episode. Email your queries to asklawlenz@gmail.com
Resources
Beware of pre-employment work trials
Pre-employment work trials – working for a day without pay?
Never conduct an employee work trial
 
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.