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Good Advice For Employers From Bell & Co.

Friday 19 October 2018, 7:45PM

By Beckie Wright

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This month Bell & Co’s founder, Andy Bell, talks about important employment laws employers don’t want to break. Andy says there are a number of important employment laws that seem straight forward, but their technicalities can catch out employers. By understanding these examples employers can safeguard themselves and ensure their employees’ rights.

For example, regarding minimum entitlements, all employees have minimum rights afforded to them, regardless of these rights being explicitly incorporated into the employment agreement. Examples of these are paid annual holidays, minimum wage and parental leave, and holiday pay.

Similarly, with the minimum wage, 16- and 17-year-olds who have not worked continuously for their current employer can be placed on the starting-out minimum wage of $13.20 an hour. Continuous employment is the first 6 months of employment from the first day of work. The number of hours worked is irrelevant – it is solely based on the calendar months following the first working day. This time includes any paid or unpaid leave and whether the employee has worked for the employer prior to turning 16. The first 6 months of employment is renewed every time a 16- or 17-year-old begins employment with a new employer.

Parental leave is a moving target, depending on which government is in power, so employers need to be aware of the latest laws surrounding this. This also applies to the 90-day trial period, and it should be noted that an impending law change will mean that businesses with over 20 employees will not be entitled to use 90-day trial periods. However, probationary periods could be used. This means that, in some circumstances, employees could be dismissed at the end of the chosen period if there are fair reasons to do so, and the employee is informed. The employee will be able to respond to the reasons for dismissal, and the employer must take on these points. Notice must be given if the employer still intends to dismiss the employee. Unjustified dismissal could still be raised by the employee.

From an employment law perspective, it is important to understand the technicalities of our law in order to safeguard employees, ensuring that employers do not breach their obligations. If you are looking for Wellington lawyers that provide trusted and experienced employment law advice, contact Bell & Co, and for more information on lawyers for employees, employment lawyers and Wellington lawyers please go to http://www.bellandco.co .