The Employment Relations Amendment Act 2014: What employers and employees need to know.
27 May, 2015 | Carolyn Ranson
The Government has introduced amendments to the Employment Relations Act 2000, which affect you as an employer or as an employee.
The changes include:
Flexible working arrangements
The ability to apply has been extended to all employees, regardless of whether they have dependants. In addition:
- Employees no longer need to have been employed for six months prior to the request.
- There is now no limit on number of requests.
- There are greater obligations on the employer to respond, including within a shorter time period.
Flexibility for rest and meal breaks
Negotiation encouraged between employers and employees. Rest breaks must be paid, and employees must be compensated if breaks are not taken.
Continuity of employment
Greater clarity as to process, and obligations to employees, when an employer sells the business.
Redundancy
Good Faith requirement has been better defined, particularly regarding what information employees are entitled to during restructures or other situations where their continued employment is at risk.
Strikes and lockouts
Advanced written notice is required of proposed strikes and lockouts in all sectors.
Collective Bargaining
Good Faith does not require parties to reach a collective agreement. Parties are able to ask the Authority to declare that bargaining has ended and employers may opt out of multi-employee bargaining from the start.
Quicker outcome
The Employment Relations Authority must now provide an oral determination or indication of preliminary findings within one month of an employee grievance investigation meeting or hearing.
The changes came into force on 6 March 2015.
See also Employment Law proposal for employers – increased obligations and tougher penalties.
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