Managing Employment Relations

This Act is one of many pieces of legislation specifically related to employment. Employment legislation covers everything to do with employees, employers, and their relationships. The relationship between the two parties is set out in an employment agreement. The Employment Relations Act 2000 has an “employment relationship” approach. As of 2004, every person employed after October 2000 must have a written agreement — a contract. The act refers to two types of employment agreements — collective and individual.

The definition of collective agreements is agreements that cover two or more employees who are union members. Only registered unions and employers can bargain for collective agreements.

The Employment Relations Act 2000 aims to create good faith in all, always between employees/employers and unions, meaning that they must deal with each other openly and honestly.

Specifically, the Act:

• Promotes good employment relations and mutual respect and confidence between employers, employees, and unions
• Sets the environment for individual (one person) and collective (more than one worker) employment relations
• Sets out requirements for the negotiation and content of collective and individual employment agreements
• Provides prompt and flexible options for resolving problems in employment relationships

Employment contracts (agreements)

Every employee must have a written employment agreement. An employment agreement is a contract between the employer and employee that sets out details such as the position, duties, hours of work, and so on. Employment agreements ensure that employees know what is expected from them. It also offers protection to both parties in the case of a dispute. By law, employers and employees must have a written employment agreement. This law is called The Employment Relations Act 2000. There are two types of employment agreements: individual and collective.

• Individual employment agreements are negotiated between an individual and their employer and bind only those parties.
• Collective agreements are negotiated between a registered union and an employer. A collective agreement will only be binding on employees who are members of the union and whose positions are covered by the coverage clause of the collective agreement.

An individual employment agreement must include:

• The names of the employer and the employee
• A description of the work to be performed an indication of the place of work the agreed hours or an indication of the hours that the employee will work
• The wage rate or salary payable and how it will be paid
• A plain explanation of how to help resolve employment relationship problems including advice that personal grievances must be raised within 90 days
• A statement that the employee will get (at least) time-and-a-half payment for working on a public holiday
• For relevant employees, an employment protection provision applies if the employer’s business is sold or transferred or if the employee’s work is contracted out
• Any other matters agreed on, such as trial periods, probationary arrangements, or availability provisions
• The nature of the employment if the employment is fixed-term

A trade union is an organisation of workers that have joined together to achieve common goals such as better wages and working conditions. The trade union bargains with the employer on behalf of its members and negotiates labour contracts (through collective bargaining) with employers. This may include the negotiation of wages, work rules, complaint procedures, rules governing hiring, firing, and promotion of workers, benefits, workplace safety, and other policies.

The Equal Pay Act 1972 is a New Zealand law amending the unequal pay rate between male and female workers. It ensures all employees are paid equally based on the value of their work and skill without any regard to the gender of the employee.” There are six topics that this Act covers. These are:

1. The definition of unlawful discrimination
2. How to determine equal pay
3. Interim increases
4. How to recover unpaid wages based on the grounds of equal pay
5. Records employers must keep
6. How to manage pay increases for female employees.

The Equal Pay Act 1972 outlines several key criteria businesses must satisfy to be compliant with New Zealand law. These range from pay equity to ensuring the company provides equal opportunity for all its employees.

• No employment agreements or apprenticeship orders shall contain classifications of work that differentiate based on the sex of the employees
• It is unlawful to refuse or fail to offer any person the same benefits available to persons of the same or similar qualifications and in the same or similar circumstances of work based on the sex of that person
• The rate of remuneration for all awards, agreements, and apprenticeship orders must be equal among male and female workers with similar qualifications and working conditions
• There should be no inequalities regarding part-time and full-time rates of pay among male and female workers
• Any employee is entitled to claim unpaid wages on the grounds of unequal pay.

The benefits of having equal pay in the workforce are:

• Establishes a place of fairness and respect in the workplace
• Improves staff retention rates and saves money on retraining new staff
• Reduces the risk of claims against the company
• Presents a positive image to consumers and inspires confidence
• Makes the company an attractive and inviting place to work.

Equal Pay is a hot topic and there have been several articles published in Stuff and NZ Herald regarding pay inequality in New Zealand, including several protests. It is still a concern in New Zealand and around the world.

Equal employment opportunities (EEO) means eliminating barriers to ensure that all employees are considered for the employment of their choice and have the chance to perform to their maximum potential. EEO/diversity practices include hiring based on merit, fairness at work, flexible working options, and promotion based on talent. They relate to all aspects of employment including recruitment, pay and other rewards, career development, and work conditions.

EEO/diversity strategies are sound HR practices that enable employers to recruit the very best people from a diverse population, making the most of their skills, creativity, and energy, strengthening employee engagement, and improving productivity. Work-life initiatives are an important part of EEO as they enable people to perform to their full potential while still accommodating their commitments outside of work.

As previously mentioned, when looking into the minimum employment rights, you must be paid at least the minimum wage if you are:

• Full-time employee
• A part-time or casual employee
• A home-worker, or
• Paid totally or partly by commission or on a piece rate.

The adult minimum wage applies to all employees aged 16 and over who are:

• Not starting-out workers or trainees or
• Involved in supervising or training other workers. What this means will depend on each situation. For example, it would usually include an employee overseeing another employee's performance or instructing another employee in their job performance; the employee doesn’t have to have direct line management responsibility for other employees. Supervising or training needs to be a part of that person’s job, not just a one-off event.

The starting-out wage applies to starting-out workers these are:

• 16- and 17-year-old employees who haven’t done six months of continuous employment service with their current employer. After six months with one employer, they are not starting-out workers and must be paid the adult minimum wage 18- and 19-year-old employees who have been paid one or more social security benefits for six months or more and haven’t completed six months’ continuous employment with an employer since they started being paid a benefit. Specified security benefits include:
  • Domestic purposes benefit o emergency benefit
  • Independent youth benefit
  • Invalid’s benefit
  • Jobseeker support
  • Sickness benefit
  • Sole parent support
  • Supported living payment
  • Unemployment benefit
  • Widow’s benefit
  • Young parent payment and youth payment
  • 16- to 19-year-old employees whose employment agreement states they must undertake industry training for at least 40 credits a year to become qualified in the area they are working in.

Complete this interactive activity, matching the correct word to each statement.

All wages owed to an employee in New Zealand must be payable in money. According to the Wages Protection Act 1983, the following are acceptable methods of payment:

• Direct transfer through lodgement with a bank or financial institution
• Postal order or money order
• Cheque

Payments can be made through specified cheques for workers employed by the Crown or local authorities. If an employee’s payment details change or withdraw consent, an employer must comply with these changes within two weeks of receiving notice or as soon as is practical.

Types of deductions made under the direction of the court or are required by law include:

• Child support
• Student loan payments
• PAYE tax
• Union-related deductions
• Board and lodging
• Deductions to a lending company
• Kiwisaver

Unlawful deductions are any deductions from an employee’s pay without written consent. If an employer wishes to make a specific deduction, even under a general deduction clause in their employment agreement, they must still get written permission from the employee.

If an employee’s wage is unlawfully deducted, they can notify the Employment Relations Authority to act and reclaim the owed money. Under the Wages Protection Act, there is a six-year window of opportunity to reclaim these unpaid wages.

Overpayments

Under some circumstances, an employer may be able to recover an accidental overpayment. But only if it was reasonable for the employer to avoid the overpayment in the first place. For example, if the overpayment was due to an employee being absent from work without authorisation, on a lawful strike, locked out, or suspended.

An employer must tell the employee about the overpayment and how much money will be recovered. Employers are legally obligated to notify employees about the overpayment within a certain period: Specific pay deductions: within five working days after the overpayment. Other pay deductions: No later than 10 days after the employee’s next payday. If the employee does not typically work during normal work hours or has more than one fixed workplace, they must be notified within the first day of their next normal working day. The deduction then must be made within two months of the notification.

Employees who leave or resign without notice could breach their employment agreement. This does not mean an employer can make deductions or withhold wages or holiday pay without written consent from the employee.

The Wages Protection Act states that an employer may be able to recover money owed to them by having a specific deduction clause in their employment agreement. If enforceable, this clause may permit employers to deduct wages or holiday pay from the employee who leaves without giving notice.

The circumstances that could permit employers to recover money owed to them legally:

• The employee was allowed to review the employment agreement and seek independent advice on the terms and agreements of the contract
• The employee has signed the employment agreement
• The business has suffered financial loss due to the employer leaving without giving notice (the deductions from wages or holiday pay are calculated based on the independent circumstances)

Source: (employsure.co.nz)

The purpose of the Holidays Act 2003 is to promote balance between work and other aspects of employees’ lives and, to that end, to provide employees with minimum entitlements to:

• Annual holidays to provide the opportunity for rest and recreation (Four weeks off per year)
• Public holidays for the observance of days of national, religious, or cultural significance (Twelve per year – if it occurs on a weekend, the Monday after will count as a public holiday)
• Sick leave to assist employees who are unable to attend work because they are sick or injured or because someone who depends on the employee for care is sick or injured (Ten days after being in the job for more than six months)
• Bereavement leave to assist employees who are unable to attend work because they have suffered a bereavement (Three days on the death of a spouse, parent, child, sibling, grandparent, grandchild, or spouse’s parent or one day if the employer accepts that the employee has suffered a bereavement).

Impact of the Holidays on Human Resource Management Practice

• Include the minimum legal entitlements (or more generous terms) in employment agreements
• Correctly calculate staff annual leave entitlements and that staff who worked on a public holiday receive additional pay and day in lieu
• Ensure staff receiving sick leave for more than three consecutive days provide a medical certificate
• Arrange staff pay entitlement for bereavement leave according to whether it is the death of a close or not a close relative
• Plan staff rosters to cover annual leave entitlements and arrange for casual staff to be available to cover sick and bereavement leave
• Accurately record holidays and other leave on wage and time sheets. These can be hand-written or electronic.

Stress in the Workplace:

An employer must make sure, as reasonably possible, that health and safety risks in the workplace are identified and managed properly. This includes workplace stress and fatigue. However, the stress may not always be obvious to the employer, so it’s important that if employees are stressed in the workplace, they discuss it with their employer so that their employer has a chance to manage the stress.

Tips for Employees to help manage workplace stress can include but are not limited to:

• Taking regular breaks
• Learning how to act rather than react – we experience stress when we feel situations are out of our control
• Taking a deep breath – a few minutes of deep breathing can help restore balance if you are feeling stressed
• Minimising interruptions – make a plan to control regular interrupters, for example, only answer emails during certain windows of time
• Eating and sleeping well
• Keeping physically fit by doing regular exercise.

Watch this video

It is a TED Talk - Managers: How to Reduce Workplace Stress for your Employees.

The Parental Leave and Employment Protection Act 1987 (the Act) is a New Zealand legislation that aims to:

• Set minimum entitlements with respect to parental leave for male and female employees
• Protect the rights of employees during pregnancy and parental leave
• Entitle certain individuals to up to 18 weeks of parental leave payments.

The main purpose of the Act is to give natural biological parents and other individuals who are the permanent primary carers of any child under the age of six the right to receive parental leave entitlements, and under the right circumstances, gain access to government-assisted parental leave payments.

As an employer, it is important to understand the terms and conditions of the Act. Having fair parental leave policies in place means employees can transition into their primary carer responsibilities without fear of losing their existing employment or financial aid.

The key entitlements that must be considered when creating and implementing a parental leave policy include:

According to the Act, an employee’s position must be kept open in the case of parental leave not exceeding four weeks and, unless there is a case of redundancy, or where a temporary replacement is not reasonably practical due to it being a key position, must be kept open in the case of longer periods of parental leave. Whether the role is considered a key position will depend on the size of the employer’s enterprise and the training period or skills required to do the job.

Seven “other factors” that employers need to be aware of after commencing parental leave are:

1. An employee is entitled to go back to work for occasional Keeping in Touch days (KIT) for a total of 40 hours during parental leave, with certain restrictions
2. An employee is not considered to have returned to work if he or she performs these 40 hours or fewer of paid work during the parental leave payment period
3. An employee may give notice to return to work earlier than the prescribed period outlined in the initial agreement, but only if the employer agrees to it
4. An employee may return to work early without the need for permission from the employer if:
5. The employee or their spouse or partner suffers a miscarriage
6. The child is stillborn or dies, or
7. If the employee or the employee’s spouse or partner fails to become or ceases to be the primary carer of the child.

Source: employsure.co.nz.

The freedom from discrimination and fair and equitable treatment of all people is the core premise of the Human Rights Act 1993 (the Act). These protections extend to the workplace, and all employers must ensure that their workplace is fair and that all employees are treated equally. Compliance with the Act starts before an employee is hired. The Act prohibits discrimination in job adverts and recruitment processes, with harsh penalties for breaches. The same rules apply to unpaid workers, volunteers, and independent contractors.

A breach of the Act is unlawful. To treat a candidate or employee differently based on their:

• Race, colour, ethnic or national origins
• Gender (which includes pregnancy, childbirth, breastfeeding, and discrimination against transgender and intersex people)
• Age (if they are 16 and over)
• Marital status
• Ethical and religious beliefs
• Political opinion
• Employment status (includes being the recipient of a benefit)
• Sexual orientation
• Family status
• Disability

It is unlawful to discriminate someone on these grounds in the following areas of public life:

• Employment
• Education
• Access to public places
• Provision of goods and services
• Housing and accommodation

These same stipulations extend to the reference-checking process. If it is discovered that an employer used the above information to treat a candidate differently, they may be penalised. The Act continues to prohibit discrimination in the workplace on the above grounds. For example, if an employer or another employee makes remarks or jokes about someone’s race, gender, or religious beliefs this may be considered a breach of the Act. Even if someone unintentionally discriminates against another, they can still be held responsible.

An employer has an obligation to ensure these individuals are treated fairly and are not discriminated against because of their limited capability. It is also unlawful to indirectly discriminate against people with an unreasonable rule or policy that has an unfair effect on a certain group of people. Grounds for discrimination can apply to an employee’s past, present, or assumed circumstances.

An employer has a responsibility to take reasonable steps to prevent discrimination from occurring in the workplace and recruitment process. They have a responsibility to investigate human rights issues that are raised. Employers must show that they have taken all reasonable steps to stop discrimination in the workplace and ensure staff knows what is considered acceptable behaviour. Employers must also ensure employment application forms; employment agreements and employee records are not in any way discriminatory. By treating employees fairly, businesses can avoid liability and the associated negative publicity that can come with human rights breaches.

It is important to understand that technical discrimination, or affirmative action, is a general exception and permissible. Technical discrimination is where measures are taken to create more equal opportunities in the workplace, by providing more assistance to specific groups of people, such as women or ethnic minorities. This occurs quite often in workplaces. In instances of an alleged breach of the Act, an employee can make a formal complaint to the Human Rights Commission, where mediation may be arranged. If the matter is serious and cannot be resolved by the Human Rights Commission, the employee can present their case to the Human Rights Review Tribunal, which will decide how best to resolve the problem.

What situations does the act apply to?

Advertisements: In certain circumstances, it is unlawful to publish an advertisement for employment that specifies personal characteristics such as age.

Job Applicants: It is unlawful to ask questions of (or about) a job applicant that could be assumed to indicate an intention to discriminate on one of the grounds covered by the Act. For example, asking a prospective employee about their marital status would be unlawful.

Employment: Almost all aspects of employment are covered by the Act. It is unlawful for an employer or employment agency to:

• Refuse to employ a qualified applicant for available work
• Offer a qualified applicant or employee less favourable conditions of work (including fringe benefits and opportunities for training, transfer, and promotion)
• Terminate the employment of an employee
• Cause an employee to retire or resign

Are there situations in which selecting employees on the grounds listed in the act is lawful?

Yes, there are situations in which selecting employees on one of the grounds covered by the Act is lawful. These include:

• Genuine occupational qualifications: Sometimes, being a particular age or sex is a genuine qualification for a job. For example, Bar staff must be over 18 to serve liquor in licensed premises
• Domestic employment in a private household - except on the grounds of race, marital or family status
• Work outside New Zealand
• Religious organisations and private schools: eligibility for jobs with some religious organisations and schools may be restricted based on sex or religion, but not on other grounds such as race or age
• Counselling: If the position involves counselling on highly personal matters, such as sexual matters or preventing violence, it is possible to discriminate based on sex, race, ethnic or national origins, or sexual orientation
• Privacy: People of a particular sex can be employed for jobs such as fitting clothes in certain shops
• Youth rates: Employees under 20 years of age can be selected if an employer is paying youth rates

Impact of the Human Rights Act on Human Resource Management Practice

The Act makes employers responsible for any acts of discrimination in the workplace whether carried out by employers or employees. HRM practice must be sure that the following are non-discriminatory:

• The Content of HR Documentation
• Recruitment & Selection Processes
• Appointments
• Performance Appraisals
• Promotions
• Pay Increases
• Disciplinary Actions
• Terminations.

A new Privacy Act took effect on 1 December 2020. The Privacy Act 2020 (the Act) repeals and replaces the Privacy Act 1993.

This Act governs the way private information is handled in New Zealand and the Codes of Practice provide guidelines as to how confidential information should be managed.

The Privacy Act 2020 governs how organisations and businesses can collect, store, use, and share your information.

It ensures that:

• You know when your information is being collected
• Your information is used and shared appropriately
• Your information is kept safe and secure
• You can get access to your information

As an employer, how you manage your employees' information is important, and there are legal guidelines to be followed. Breaches of the Act carry severe penalties and can permanently break the trust between you and your employees. The Act covers thirteen principles to ensure that only necessary information is shared on behalf of an individual. These principles govern how businesses and organisations should collect, handle and use personal information.

When asking people for their personal information, think carefully about why you are collecting it. Don’t collect people’s identifiers such as name, phone number, etc unless it’s necessary for your collection purpose. If the personal information you are asking for isn’t necessary to achieve something closely linked to your organisation’s activities, you shouldn’t collect it.

Other principles include:

• Principle 2 - Source of information - collection from the individual
• Principle 3 - What to tell the individual about the collection
• Principle 4 - Manner of collection
• Principle 5 - Storage and security of information
• Principle 6 - Providing people access to their information
• Principle 7 - Correction of personal information
• Principle 8 - Ensure accuracy before using information
• Principle 9 - Limits on retention of personal information
• Principle 10 - Use of personal information
• Principle 11 - Disclosing personal information
• Principle 12 - Disclosure outside New Zealand
• Principle 13 - Unique identifiers

The administration of the Privacy Act 2020 falls to the Privacy Commissioner and requires several key tasks to be overseen. For employers, the key responsibility that may bring the Commissioner into your workplace is the investigation of complaints on privacy breaches. Considering the examples above, if an employee becomes aware that their data has been shared or is being managed poorly, you may expect a visit or a phone call from the Privacy Commissioner.

All businesses are required by law to have a Privacy Officer. This person is most familiar with how personal information should be handled. This person will:

• Develop good policies for handling personal information that suit your business needs
• Handle queries or complaints about privacy from customers or employees
• Alert you to any risks that might arise with personal information (e.g., security)
• Liaise with the Office of the Privacy Commissioner if necessary.

Impact Of The Privacy Act On HRM Practice

The Privacy Act requires that all information collected from employees (e.g., CV, application forms, bank account details, IRD information, employment agreements, performance appraisals, medical certificates, etc.) has a relevant purpose and is securely stored. Also, personal information is not disclosed to unauthorised third parties; individuals have access to their own personal information and those unique identifiers remain confidential.

Protecting the privacy of job applicants:

When hiring staff employers need to make sure they protect the privacy of job applicants. There are questions employers should avoid asking because it could lead to discrimination. For example:

• How old are you?
• Do you have any disabilities?
• Are you married?
• What is your religion?
• Are you pregnant or, are you planning to have children?
• What is your race?
• What political party do you vote for?
• Have you ever had a mental health issue?

An employer may ask if there’s anything that would prevent an employee from carrying out the full duties of the job. If an employee isn’t performing well in a job, it’s reasonable to ask if there’s a cause in the employee’s personal life. Employers should also only contact referees given by an applicant. If the referees are not suitable, employers should ask the applicant if they have someone else. If the hiring employer needs to speak to the applicant’s current employer, then they should tell the applicant and get their agreement.

The Protected Disclosures Act 2000 was replaced by the Protected Disclosures (Protection of Whistleblowers) Act 2022 on 1 July 2022. The Protected Disclosures (Protection of Whistleblowers) Act 2022 continues the 2000 Act’s purpose, which is to facilitate the disclosure and investigation of serious wrongdoing in the workplace and to provide protection for employees and other workers who report concerns. This Act provides protection for these employees from criminal and legal retribution and outlines the internal procedure to be followed when investigating the matter. Employees who report information or activities that are deemed illegal or incorrect in a workplace are often referred to as ‘whistle-blowers’. The Act applies to the public and private sectors across New Zealand.

Serious wrongdoing includes any unlawful activity, gross negligence by public officials, criminal offences, or conduct that could potentially pose a risk to the public on a broader scale. It should not be confused with serious misconduct, which only affects an individual or group in the organisation.

Five serious acts of wrongdoing include:

1. Unlawful, corrupt, or irregular use of public money or resources
2. Conduct that poses a serious risk to public health, safety, and the environment
3. Conduct that increases the risk of unauthorised intervention from a third party to encourage a lawsuit
4. Any criminal offence
5. Gross mismanagement and negligence from public officials

Protected Disclosures (Protection of Whistleblowers) Act 2022 defines employees as:

• Current employees who receive a regular wage or salary
• Former employees of the organisation
• Individual contractors who work for the organisation
• Homeworkers
• Secondary parties involved in managing the organisation
• Volunteers who work for the organisation

For the disclosure to be protected, the following requirements under the Act must be met:

• The information must be about serious wrongdoing in the workplace
• The employee must have a good reason to believe the information is true or likely to be true
• The employee wants the serious wrongdoing to be investigated and is willing to cooperate

If the employee knows the allegations are false, acts in bad faith or the information is protected by legal professional privilege; the disclosure will not be protected.

The difference between a public and private organisation in terms of writing a protected disclosure policy is:

Public organisations are required by law to have their own internal procedures.

Private organisations are not legally required to have a protected disclosure policy. Although, having a policy does show transparency within the organisation and may give employees the comfort of knowing they can express their concerns without fear of retribution.

Employees should follow the internal procedure in the company handbook to report any cases of serious wrongdoing. If there is good reason to believe the employer or disclosure manager is involved in serious wrongdoing, the employee may report to the appropriate authorities to have the matter investigated. These authorities include the Ombudsman, Commissioner of Police, Director of the Serious Fraud Office, Solicitor-General or the head of every public sector agency.

What protection does the Act offer?

Many employees are afraid to disclose information about serious wrongdoing because they are afraid of losing their job, being sued by the company or being discriminated against. The Act clearly states that no civil, criminal or disciplinary action can be taken against whistle-blowers or potential whistle-blowers for making a protected disclosure.

If an employee does face any form of retaliation from the organisation, they can submit a personal grievance claim under the Employment Relations Act. Employers who discriminate or mistreat employees who have disclosed information about serious wrongdoing could face serious legal consequences.

The Act and an employee’s privacy

After making a protected disclosure, an employee’s personal information is kept confidential according to the terms of the Act unless the employee consents to the disclosure. Three exceptions to the confidentiality rule in the Act mean that certain information can be used if it:

• Helps the investigation move forward and uncover the truth behind the allegations
• Reduces the risk of personal injury or harm to public health, safety, and the environment
• Avoids potential bias and complies with the rules of natural justice.

The Treaty of Waitangi is an Agreement that the British Crown and Māori signed on 6th February 1840. The Treaty is New Zealand’s founding document. In summary, the Treaty established British law in New Zealand, ensuring the Māori maintained control over their land and culture. The Treaty of Waitangi Act 1975 is relevant to the application of Treaty principles to public and not-for-profit (that are government-funded) organisations. The Treaty is also important as a 'living document', central to New Zealand's present and future, as well as its past. It establishes a relationship “akin to partnership” between the Crown and rangatira, and confers a set of rights and obligations on each Treaty partner.

There was an amendment made to this act in 2006:

2006 Amendment ( Maori Purposes Bill). It allows existing claims to be amended and does not affect the settlement of historical claims that have already been lodged or the ability to lodge claims relating to grievances relating to acts or omissions after September 1992.

Biocultural New Zealand

Biculturalism means having two distinct cultures in one country. New Zealand has two main cultures: Māori and European. The Māori are the original people of New Zealand, or Aotearoa as it is known in the Māori language. They arrived in New Zealand over 1,000 years ago from Polynesia. The Māori society is divided into different iwi (tribes).

The European people started to arrive in New Zealand in the 1800s. Once the Treaty of Waitangi (see below) was signed, New Zealand became a British colony, which greatly increased migrants from Britain and other European countries. They brought a very different way of life in the form of new customs, food, and the English language.

During the 19th and early 20th centuries, British culture dominated New Zealand. Since the 2nd World War, there has been a move towards a unique ‘New Zealand’ culture, including elements from Māori and European cultures. Only Crown entities (public sector organisations) must include the Treaty of Waitangi in their policies and procedures. In saying that, many other organisations voluntarily include it in their policies and procedures. It is advised that all organisations in New Zealand recognise and consider the Treaty when it comes to human resource management. On a basic level, understanding the Treaty of Waitangi and the bicultural nature of the New Zealand environment will help organisations to:

• Work with Māori
• Deal with issues that affect Māori employees and clients
• Recognise and implement Māori protocol in the workplace

What other policies and procedures would be required for an organisation to say its practices were bicultural?

Source: www.korero.maori.nz

• Consider writing job advertisements, company policies and procedures, and internal communications in English and Māori or using Māori greetings at the beginning/end of letters.
• Inviting Whānau members to attend job interviews as Māori people tend not to speak highly or confidently about themselves. “Whānau members who attend an interview can provide invaluable insights into an individual's skills and experience and add examples of their achievements”.
• Welcome new Māori employees with a traditional welcome - a powhiri.
• Be aware that some Māori may need training in skills that others may take for granted, for example, making a formal presentation.
• Training in interpersonal communication, negotiation skills, and time management could also be helpful.
• Allow Māori employees to help create a bi-cultural workplace.
  They can:
  • advise about Māori culture
  • help write a Treaty of Waitangi policy
  • organise a marae visit
  • write greetings in the Māori language
  • accompany executives to meetings with Māori.

Source: www.korero.maori.nz

• Be sensitive and flexible when it comes to bereavement leave – Māori funerals tend to take place over several days
• Consider the use of Māori protocols when conducting meetings in the workplace

Multicultural New Zealand

Multicultural means more than two cultures in a country. Since 1840, the arrival of large numbers of Europeans and other nationalities has meant that New Zealand society and its workplaces have become increasingly multicultural in nature. New Zealand is one of the most ethnically diverse countries in the world. We have more than 200 different ethnicities within our communities and a quarter of all people who call New Zealand home were born overseas.

We briefly covered this act earlier under the health and safety HR function. The Health and Safety at Work Act is a key Act of Parliament that determines the framework by which all health and safety is managed in the workplace.

The legislation covers both the obligations of employers and employees.

The Health and Safety at Work Act 2015 (HSWA) is New Zealand’s workplace health and safety law.

It introduces new responsibilities for managing the work-related risks that could cause serious injury, illness, or even death. HSWA recognises that we must work together to improve our poor health and safety performance. Government, businesses, and workers must establish better leadership, participation, and accountability for people’s health and safety.

Everyone who goes to work should come home healthy and safe. To achieve this, HSWA provides a new way of thinking. The Health and Safety at Work Act:

• Ensures everyone has a role to play
• Makes everyone’s responsibilities clear
• Focuses on managing work risk
• Requires those who create the risk to manage the risk
• Requires businesses to engage with workers and enable them to participate in health and safety actively
• Allows flexibility in managing health and safety risks.

After significant reform, the revised Health and Safety at Work Act 2015 was enacted on 4 April 2016.

>Who has Responsibility for Health and Safety at Work?

Businesses are primarily responsible for the health and safety of their workers and any other workers they influence or direct. They are also responsible for the health and safety of people at risk from the work of their business.

Company Leaders And Officers (company directors, partners, and chief executives) Officers (company directors, partners, board members, chief executives) must do due diligence to ensure the business understands and meets its health and safety responsibilities.

Workers must take reasonable care for their health and safety and ensure that their actions don't adversely affect the health and safety of others. They must also follow any reasonable health and safety instructions given to them by the business and cooperate with any reasonable business policy or procedure relating to health and safety in the workplace.

Visitors and Customers also have some health and safety duties to ensure that their actions don’t adversely affect the health and safety of others.