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Changes to Employment Law

From 6 March 2015, amendments to the Employment Relations Act 2000 will see expanded rights for employees.

For small and medium sized enterprises the changes that will matter the most in transacting day-to-day business are in the areas of flexible working arrangements and arranging rest and meal breaks during the course of a working day.

Flexible Working Arrangements

The object of flexible working arrangements now provide employees with a statutory right to request a variation of their working arrangements (no reason required), require an employer to deal with a request as soon as possible but not later than one month after receiving it, an employer may refuse a request only if it cannot be accommodated on certain grounds and provides a dispute resolution process if the request is not dealt with in accordance with the relevant sections of the Employment Relations Act 2000.

An employee may make a request for flexible working arrangements at any time and for whatever reason and the limitation as to the number and frequency of requests has been removed, enabling an employee to make unlimited requests for flexible working arrangements.

A request must be in writing, stating the employee’s name, the date the request is made and that the request is made under Part 6AA Employment Relations Act 2000, specify the variation of working arrangements requested and whether the variation is permanent or for a period of time, the date the variation will take effect and the end date (if the variation is for a period of time), and provide an explanation in the employee’s view what changes if any the employer may need to make to the employers arrangements if the employee’s request is approved.

An employer must deal with a request as soon as possible but must not take longer than one month after receiving the request to decide upon it.

The employer must notify the employee in writing of whether the request is approved or refused.

If a request is refused then the employer must state that the request is refused due to one or more of the grounds stated in section 69AAF (2) or (3) Employment Relations Act 2000 and explain the reason for that ground.

Arranging rest and meal Breaks

An employee is entitled to and an employer must provide the employee with rest breaks and meal breaks that provide the employee with a reasonable opportunity during the employees work period for rest, refreshment, attention to personal matters and are appropriate for the duration of the employee’s work period.

An employee must take a rest and meal break at the times and for the duration agreed between the employee and employer. An employer must provide an employee with a reasonable opportunity to negotiate with the employer and reach agreement on the times employees rest and meal breaks are to be taken and the duration of those breaks.

There may be restrictions placed on the employee’s entitlement to rest and meal breaks but only if the restrictions are reasonable and necessary having regard to the nature of the employees work or are reasonable and agreed to by the employer and employee and those restrictions relates to either the employee continuing to be aware of their work duties or continuing to perform some of their work duties during the break, circumstances when an employee is break may be interrupted and the employee taking the break in the workplace rather specify placement in the workplace.

If there is no agreement then at the reasonable times and for the reasonable duration specified by the employer. When directing the employee to take rest and meal breaks, the employer may have regard to the employer’s operational environment or resources and the employee’s interests to enable the employer to maintain continuity of service or production.

An employee’s entitlement to a rest break is a paid rest break.

If an employer fails to provide a rest or meal break then the employer must provide a compensatory measure.

A compensatory measure is a measure that is designed to compensate an employee for a failure to provide rest and meal breaks and includes without limitation a measure provides the employee with time off from work at an alternative time during the employees work period, such as allowing a later start time, an earlier finish time, or an accumulation of time off work that may be taken on one or more occasions.

A failure to give an employee rest and meal breaks without providing a compensatory measure is liable to penalties.

Come speak with us about recording these amendments by way of variation to employment agreements or for other general employment law advice.

• Posted By: Tristram Lock on Thu, 15th Jan 2015 @ 16:32:11

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