KiwiSaver amendments

A recent amendment to the Employment Relations Act makes it unlawful for an employer to provide an employee who does not participate in the KiwiSaver scheme with an equivalent contribution by way of increased salary or wages, (whether for use with another superannuation scheme or not).

This means employers will not be able to treat employees who are not members of the KiwiSaver scheme differently from those who are. 

Meal and rest breaks, and breastfeeding breaks

The Employment Relations 2000 Amendment Bill was passed in early September 2008 requiring employers to provide employees with:
(a)   An unpaid 30 minute meal break and two paid 10 minute rest breaks in every eight (8) hour
       shift.
(b)   Where reasonable and practicable, facilities and resources for new mothers to breastfeed 
        infants.             

Changes for casual and temporary employees 

A bill before Parliament proposes more protection for casual employees.  The bill provides for a labour inspector or the Employment Relations Authority to determine whether a casual employee is in fact a fixed term employee thereby making them permanent employees, and thus raising the question of whether or not the requirement for a fixed term employee has been met. If not this may give grounds for a personal grievance when the employment ends.   

The bill also provides protection for temporary or contract workers whose services are provided to a third party via their direct employer.  The bill proposes to allow those workers to bring a personal grievance against “a controlling third party”.  So if business owner A contracts B to provide the services of C, and A has control over C similar to an employer, C may bring a personal grievance against A.

For any information or assistance with any of the matters raised in this article please contact Simon Wilton.