Luscombe said the Employment Relations Act required shift workers to have shift cancellation provisions in their employment agreement as well as terms that stated how much notice had to be given and the compensation if that notice was not given. According to the law the notice of shift cancellation in the employment agreement has to be “reasonable”, she said.
CHRISTEL YARDLEY/STUFF
Auckland went into Alert Level 3 on Sunday night, which meant all businesses, other than essential services, had to close, ask staff to work from home or offer online deliveries while operating under strict social distancing rules. But what was considered reasonable depended on a range of factors, but would generally be more than 24 hours, Luscombe said.
“There is a possibility that employees whose medical conditions or religious beliefs mean that they cannot get vaccinated may claim discrimination or disadvantage, however this risk is probably low and if employers want to provide incentives for the greater good, this is likely to be well-received,” Hornsby-Geluk said. However, she said the more difficult question was whether employers could make the vaccination mandatory and refuse to allow employees to come to work if they have not been vaccinated. “Given that most New Zealanders have attended work up until now without the protection of a vaccine it would be difficult for employers to now argue that this was a health and safety requirement,” she said.
With most public holidays falling on Saturdays and Sundays this year, there’s surcharge confusion ahead. Business can apply a 15 per cent surcharge on a public holiday to cover the cost of paying their staff time-and-a-half, as well as providing a day in lieu. However, they have to make it clear there is a surcharge before a customer orders, and what it is for, according to the Commerce Commission. Public Holiday surcharges have been around for years, but they can still cause annoyance. A customer who dined at SkyCity restaurant Huami on Christmas Day was angry she was charged a 15 per cent holiday surcharge, despite the website saying at the time she booked that there was no extra charge for Christmas Day. She said none of her party was aware there was a surcharge until the time came to pay.