The government has mandated that certain work can only be carried out by vaccinated workers. Additionally, Michael Wood has said that all workers at customer facing businesses (such as hospitality and close-contact businesses) will need to show COVID-19 vaccination certificates. Remember- your employer can never force you to be vaccinated. But in certain situations an employer can (or must) require that certain work is carried out by vaccinated workers. Roles covered by the mandate For employers covered by the mandate, there is no need to justify requiring workers in relevant roles in the b ..read more

Jab or no job: The covid war cry is about to get louder as the government extends into the Health and Education sector.   The government move from an elimination strategy to a vaccination and testing strategy has thrown up more workplace issues. Already the war drums are beating, and workers are mounting workplace protests. Tensions are becoming high between employees and employers. Not since the 1981 springbok tour has there been such heightened social/community division. There are two clear divisions. Anti or pro vac which employers and workplaces are having to deal with. The issue is c ..read more

Worksafe guidelines for vaccinations are closing the door for those unvaccinated. The guidelines target roles that require significant contact with others (colleagues and members of the public). Employers need to consider the extent to which other control measures reduce the risk of transmission. Please contact us for guidance in the workplace. It is a minefield with a plethora of pitfalls. A wrong move could be costly. We are working hard to stay ahead of the game.   https://www.worksafe.govt.nz/managing-health-and-safety/novel-coronavirus-covid/how-to-decide-what-work-requires-a-vacc ..read more

“No jab no job.” This phrase is fast entering the Kiwi vernacular, most recently from the Department of Conservation.  Can you be terminated from your job if you do not get your jab? Buckettlaw has previously commented on the opposing forces of Health and Safety and Human Rights. MBIE has recently updated their website with the following: “Businesses cannot require any individual to be vaccinated. However, businesses can require that certain work must only be done by vaccinated workers, where there is high risk of contracting and transmitting Covid-19 to others.”   It is not clear wh ..read more

COVID – 19 working parents options at level 4   – Can working parents unable to work due to their children ask their employer to claim the wage subsidy for them? – An employer cannot pay the employee less than their ordinary pay without agreement from the employee. As long as they are an employee nothing stops them from asking the employer to claim the wage subsidy, though I’d say that it would be unusual for a company not to apply for the subsidy if they were eligible (and not applying could even point to predetermination in a dismissal process down the line). – Can they take sick leave ..read more

Workplaces need to be aware of mental health which requires identification and management  There is no doubt that anecdotally we are seeing a rise in mental health issues in the workplace. Research from the World Health Organisation (WHO) indicates that rates of mental illness are rising at an alarming rate. WHO identifies depression as the leading cause of productivity loss worldwide. Whilst COVID-19 has aggravated the situation, it has just released the foot off the pedal. The ever-increasing work dynamics and complexities are causing a resurgence of work-related stressors to point of c ..read more

The employment sting in the jab for employers and employees   Yesterday’s government announcement that the health order requiring mandatory vaccination of border workers will be expanding necessitates a reminder that employment law is very relevant in an uncertain COVID-19 world as we grapple with political change and directions. The effect of this order in relation to employee rights and employer obligations is a matter of hotly debated conjecture. A health order does not mean that employers can skip over the legislative requirements of good faith, consultation, and agreement.  Empl ..read more

Gumboot day- promoting mental health in the workplace. ‘Walking through depression is like walking through mud.’ With this in mind, today is Gumboot Friday, a chance to show solidarity with those of us who are struggling with our mental health. New Zealand was in the midst of a mental health crisis even before the onset of the COVID-19 pandemic. The COVID-19 pandemic and the uncertainty, lockdowns and economic downturn that has accompanied it has only intensified this crisis. We spend a great proportion of our lives at work, and one’s occupation is often strongly linked to one’s self-identity ..read more

New Sick Leave Law Passes The Labour Party has belatedly delivered upon its promise to double sick leave entitlements to 10 days per year. The Holidays (Increased Sick Leave) Amendment Act 2021 was passed on Monday. Employers must be aware of these changes to ensure that their contracts are in compliance with the law. From 24 July 2021, employees will become eligible to receive the enhanced entitlements. Not everyone becomes entitled to these new entitlements at the same time. Employees will receive 10 days’ sick leave on their next entitlement date. The entitlement date is 6 months from the d ..read more

Buckettlaw is proud to support Pink Shirt Day, which is marked tomorrow (21 May). Pink Shirt Day is a movement to end bullying, celebrate diversity and spread aroha and kindness. You can bring awareness to this cause by sporting your most stylish pink outfit tomorrow. A large portion of our life is spent at work. It is important that our workplaces are safe spaces in which everyone feels comfortable and can thrive. Workplace bullying: a serious issue In 2019 Stats New Zealand recorded that 11% of employees had experienced discrimination, harassment or bullying in the past 12 months. Workers of ..read more