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YOUR OPINION MATTERED!

It seems that the National Government took note of the submissions on employment legislation. Amendments to the Employment Relations Act proposed by National reflect the general opinion of employers and business owners.

National has announced planned changes to legislation covering the employment of staff and not just in the case of the 90-day trial period. Holidays, unions and the mediation process are all likely to change.

90-Day Trial extended to all employers

Fair process for managing employee issues set down in law

Fairer consideration of employer resources and justification under ERA

Dismissal of vexatious personal grievance claims

Permission needed for unions to enter the workplace

Fourth week annual leave cashed

Public holidays movable by negotiation

Code of Ethics for Advocates

No need for reasonable grounds when requesting a medical certificate

And there are other changes. Amendments to the Employment Relations Act are expected to come into force by the end of 2010 followed by changes to the Holidays Act in July 2011. We will keep you up to date.

90 Day Trial Period

Firstly let me say that this is NOT the same as the probationary period. Some simple rules apply. You can only have a 90 day trial period if you employ less than 20 staff. The trial period clause must be in the employment agreement for you to be able to rely on it and it must say that the employee cannot take a personal grievance for unjustified dismissal if their employment is terminated during the trial period.

Wording is very important here. The 90 days is calendar days and not three months. The notice period must be the same as in the termination clause of the agreement but as long as you give the notice during the trial 90 days it does not matter if the notice period takes you over the 90 days. I recommend you check the wording of your trial period clause before inserting it in your agreement. Need to know more?

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Employment Legislation

The legislation that effects you. What they are, why you need to know and where to find them.

In this section you will find information on: