Latest news with #EmploymentRelationsAuthority
Scoop
5 days ago
- Business
- Scoop
New Bill To Boost Labour Market Flexibility
Minister for Workplace Relations and Safety Workplace Relations and Safety Minister Brooke van Velden says amendments to the Employment Relations Act will improve labour market flexibility and help businesses to grow, innovate, and employ with confidence and certainty. 'Today I'm announcing the introduction of the Employment Relations Amendment Bill to Parliament, marking a key milestone in this Government's efforts to help New Zealand businesses employ or contract with confidence and create more and better opportunities for workers,' says Ms van Velden. The changes give effect to several ACT–National Coalition Agreement commitments, including to provide greater certainty for contracting parties. 'Workers and businesses should have more certainty about the type of work being done from the moment they agree to a contracting arrangement. 'The new gateway test introduced in this Bill will provide greater clarity for businesses and workers around the distinction between employment and contracting arrangements. This will provide greater certainty for all parties and will allow more innovative business models,' says Ms van Velden. The Bill will also make changes to simplify the personal grievances process including two significant changes. 'The amendment to personal grievances will reduce rewards for bad behaviour and reduce costs for businesses in the process. Under current law, if a personal grievance is established the Employment Relations Authority or Employment Court may award remedies including reinstatement into a role, and compensation for hurt and humiliation. The changes make clear an employee whose behaviour amounts to serious misconduct will be ineligible for remedies. 'This change will ensure that hardworking New Zealanders don't see bad behaviour rewarded,' says Ms van Velden. The Bill also introduces an income threshold of $180,000 above which a personal grievance for unjustified dismissal cannot be pursued. High-income employees often have a major impact on organisational performance, getting the right fit is crucial. This change will provide greater labour market flexibility, enabling businesses to ensure they have the best fit of skills and abilities for their organisation. It allows employers to give workers a go in high impact positions, without having to risk a costly and disruptive dismissal process if things don't work out, benefitting those seeking to move up the career ladder.' Another change will cut compliance at the beginning of employment. By removing the '30-day rule' employers and employees will now be free to negotiate mutually beneficial terms and conditions from the start of employment. 'I am committed to building business confidence, ensuring a strong economy that will lift wages, create opportunities, and help Kiwi workers get ahead,' says Ms van Velden. The public and interested groups will have a chance to submit on the Bill when it is at Select Committee.
Otago Daily Times
10-06-2025
- Business
- Otago Daily Times
Award-winning Oamaru restaurant hired teens with no contract
An award-winning Oamaru restaurant must pay two teenagers $500 each after they were employed with no contract. The two employees took Cucina Oamaru Ltd to the Employment Relations Authority because they believed they had been illegally sacked. They both received confusing texts from their employer, Yanina Tacchini, and were not offered any more shifts after they picked up second jobs as "cheese hosts" at Whitestone Cheese Diner & Deli. But authority member Andrew Dallas said they had not been illegally sacked and, due to the casual nature of their employment, Cucina had no obligation to keep offering them shifts. Cucina is an upmarket restaurant in Oamaru and the name of the company, which also operates another restaurant, Del Mar, and Tees Street Cafe. Last year, Cucina was nominated for five awards at the Otago Hospitality Awards and won the outstanding restaurant award, the people's choice award and the award for supreme establishment. It was awarded one hat in the Cuisine Good Food Awards in 2023, a ranking that denotes excellence and was given to fewer than 90 restaurants throughout the country. The two teenage employees worked across all three establishments. At the Employment Relations Authority (ERA) hearing it became clear neither girl had an employment contract. Mrs Tacchini said she prepared employment agreements for them and provided these to managers but only discovered they were not in force when the personal grievance claims were filed. Both girls were in high school when they started working for Cucina and they stopped working there in November 2023. The first employee started working in 2021 after she responded to a Facebook advertisement for a last-minute kitchen hand shift. During the shift, Mrs Tacchini asked the girl if she could work another shift at Tees Street Cafe the next day. Mrs Tacchini said she made it clear to the girl employment with Cucina was on a "casual" basis. The girl told the ERA Mrs Tacchini said a contract was not needed because of this, but the employer denied saying that. In September 2023, the employee talked to Mrs Tacchini about starting a second job, to which Mrs Tacchini was open. But in November 2023, when the employee advised her boss of her new role, she was told Cucina viewed working at Whitestone as a "conflict". Before the employee could respond, she received two more texts stating: "so it's OK you can work there but we will remove you from Del Mar's roster" and "good luck with your future ventures". The girl said she was "completely taken aback by [her] sudden dismissal" and it was very confusing. Mrs Tacchini said Cucina managers conveyed to the teen later that night she had not been "dismissed" from her casual employment with Cucina, but she would not be offered further shifts if she chose to work at Whitestone. A similar situation unfolded for the second employee when she too got a job as a "cheese host" at Whitestone. She thought a second job there would be viable as Cucina had previously approved her working a second job at Pita Pit. The girl said she "reached out" to Mrs Tacchini, who was initially supportive, but again things changed and she was advised Cucina saw working at Whitestone as a conflict. Despite assurances the girl said she gave about maintaining the company's confidentiality, Mrs Tacchini sent her a text message stating: "That's OK. We will remove you from Cucina's roster. Good luck ... I wish you the best". This was followed by another text saying "please just email me the resignation letter". Mrs Tacchini accepted her choice of words when texting both girls was poor, but maintained they had not been "dismissed". Authority member Mr Dallas found the girls were not unjustifiably dismissed, even though they both believed they were permanent employees. "A genuine belief about employment status and the absence of an in-force employment agreement, which certainly would have assisted, does not, of itself, create a permanent employment relationship," Mr Dallas said. He ordered Cucina to pay each girl $500 for the lack of an employment contract.
Otago Daily Times
10-06-2025
- Business
- Otago Daily Times
Restaurant must pay teens $500 each because employment contracts lacking
An award-winning Oamaru restaurant must pay two teenagers $500 each after they were employed with no contract. The two employees took Cucina Oamaru Ltd to the Employment Relations Authority because they believed they had been illegally sacked. They both received confusing texts from their employer, Yanina Tacchini, and were not offered any more shifts after they picked up second jobs as "cheese hosts" at Whitestone Cheese Diner & Deli. But authority member Andrew Dallas said they had not been illegally sacked and, due to the casual nature of their employment, Cucina had no obligation to keep offering them shifts. Cucina is an upmarket restaurant in Oamaru and the name of the company, which also operates another restaurant, Del Mar, and Tees Street Cafe. Last year, Cucina was nominated for five awards at the Otago Hospitality Awards and won the outstanding restaurant award, the people's choice award and the award for supreme establishment. It was awarded one hat in the Cuisine Good Food Awards in 2023, a ranking that denotes excellence and was given to fewer than 90 restaurants throughout the country. The two teenage employees worked across all three establishments. At the Employment Relations Authority (ERA) hearing it became clear neither girl had an employment contract. Mrs Tacchini said she prepared employment agreements for them and provided these to managers but only discovered they were not in force when the personal grievance claims were filed. Both girls were in high school when they started working for Cucina and they stopped working there in November 2023. The first employee started working in 2021 after she responded to a Facebook advertisement for a last-minute kitchen hand shift. During the shift, Mrs Tacchini asked the girl if she could work another shift at Tees Street Cafe the next day. Mrs Tacchini said she made it clear to the girl employment with Cucina was on a "casual" basis. The girl told the ERA Mrs Tacchini said a contract was not needed because of this, but the employer denied saying that. In September 2023, the employee talked to Mrs Tacchini about starting a second job, to which Mrs Tacchini was open. But in November 2023, when the employee advised her boss of her new role, she was told Cucina viewed working at Whitestone as a "conflict". Before the employee could respond, she received two more texts stating: "so it's OK you can work there but we will remove you from Del Mar's roster" and "good luck with your future ventures". The girl said she was "completely taken aback by [her] sudden dismissal" and it was very confusing. Mrs Tacchini said Cucina managers conveyed to the teen later that night she had not been "dismissed" from her casual employment with Cucina, but she would not be offered further shifts if she chose to work at Whitestone. A similar situation unfolded for the second employee when she too got a job as a "cheese host" at Whitestone. She thought a second job there would be viable as Cucina had previously approved her working a second job at Pita Pit. The girl said she "reached out" to Mrs Tacchini, who was initially supportive, but again things changed and she was advised Cucina saw working at Whitestone as a conflict. Despite assurances the girl said she gave about maintaining the company's confidentiality, Mrs Tacchini sent her a text message stating: "That's OK. We will remove you from Cucina's roster. Good luck ... I wish you the best". This was followed by another text saying "please just email me the resignation letter". Mrs Tacchini accepted her choice of words when texting both girls was poor, but maintained they had not been "dismissed". Authority member Mr Dallas found the girls were not unjustifiably dismissed, even though they both believed they were permanent employees. "A genuine belief about employment status and the absence of an in-force employment agreement, which certainly would have assisted, does not, of itself, create a permanent employment relationship," Mr Dallas said. He ordered Cucina to pay each girl $500 for the lack of an employment contract.
Scoop
09-06-2025
- Politics
- Scoop
PSA Welcomes Withdrawal Of Suspension Of Disability Workers At Te Roopu Taurimu
Press Release – PSA The PSA and Te Roopu Taurima attended facilitation run by an Employment Relations Authority member recently. The Authority member then provided recommendations to settle the collective agreement. Mediation is set to resume with disability support provider Te Roopu Taurima and the PSA following the withdrawal of a lockout and suspension of workers without pay by the employer, the PSA in return agreed to lift the strike notices. Te Roopu Taurima o Manukau Trust is the country's largest provider of kaupapa Māori-based support for people with disabilities in residential facilities in Northland, Auckland, Waikato and Canterbury. 'We welcome the withdrawal of the harsh and oppressive suspension and lockout and as a result the PSA also withdraws strike action in support of the collective agreement,' said Fleur Fitzsimons National Secretary Public Service Association Te Pūkenga Here Tikanga Mahi. Te Roopu Taurima told the PSA it would suspend 38 workers late Friday without pay for six weeks in response to low level strike action taken in support of their collective agreement. Last year the trust also locked out Kaitaataki (house leaders for residential disability support) preventing them from working the extra hours they rely on to earn enough to support themselves and their whānau, this forms part of legal action in the Employment Court. The PSA and Te Roopu Taurima attended facilitation run by an Employment Relations Authority member recently. The Authority member then provided recommendations to settle the collective agreement. 'The PSA did not get everything we wanted but nevertheless agreed that we would recommend the outcomes to our members. Te Roopu Taurimu now needs to come to the party and accept the recommendations, this is the basis on which the PSA attends mediation. We will now return to mediation with the hope of settling this dispute. 'Our members want to put this dispute behind them, get the fair wages and conditions they deserve, and get on with their important work of supporting tangata.'
Scoop
09-06-2025
- Politics
- Scoop
PSA Welcomes Withdrawal Of Suspension Of Disability Workers At Te Roopu Taurimu
Press Release – PSA The PSA and Te Roopu Taurima attended facilitation run by an Employment Relations Authority member recently. The Authority member then provided recommendations to settle the collective agreement. Mediation is set to resume with disability support provider Te Roopu Taurima and the PSA following the withdrawal of a lockout and suspension of workers without pay by the employer, the PSA in return agreed to lift the strike notices. Te Roopu Taurima o Manukau Trust is the country's largest provider of kaupapa Māori-based support for people with disabilities in residential facilities in Northland, Auckland, Waikato and Canterbury. 'We welcome the withdrawal of the harsh and oppressive suspension and lockout and as a result the PSA also withdraws strike action in support of the collective agreement,' said Fleur Fitzsimons National Secretary Public Service Association Te Pūkenga Here Tikanga Mahi. Te Roopu Taurima told the PSA it would suspend 38 workers late Friday without pay for six weeks in response to low level strike action taken in support of their collective agreement. Last year the trust also locked out Kaitaataki (house leaders for residential disability support) preventing them from working the extra hours they rely on to earn enough to support themselves and their whānau, this forms part of legal action in the Employment Court. The PSA and Te Roopu Taurima attended facilitation run by an Employment Relations Authority member recently. The Authority member then provided recommendations to settle the collective agreement. 'The PSA did not get everything we wanted but nevertheless agreed that we would recommend the outcomes to our members. Te Roopu Taurimu now needs to come to the party and accept the recommendations, this is the basis on which the PSA attends mediation. We will now return to mediation with the hope of settling this dispute. 'Our members want to put this dispute behind them, get the fair wages and conditions they deserve, and get on with their important work of supporting tangata.'
