As a result of the recent extreme weather, Tradies across New Zealand need support.
These are challenging times on a professional and personal level, and we must look after ourselves and each other.
If you’re a Tradie and need free HR or legal advice to safeguard your staff and your business at this difficult time – we are here to help. Here is a list of information you may need in the coming weeks.
1. What government support is there for my staff?
Civil Defence Payment has a payment for people who can’t go to work and have lost their income because:
- They can’t get to work.
- Their workplace is closed.
- They need to stay with their family or whānau, or
- Are self-employed and have lost income because they can’t work.
How much your staff gets depends on whether they’re staying in a hotel or motel or in a hosted or billeted accommodation (e.g. with friends or family). Your team can apply online or by phone at 0800 400 100; Civil Defence is open 7 am–5 pm.
2.What support is there for Businesses and Organisations?
Business in Auckland-Auckland has a 5-million-dollar support package
- $3 million for flood recovery payments to help significantly affected businesses
- $1 million for mental well-being support through a boost to the First Steps programme
- $1 million for small business advice focussed on business continuity and resilience.
You can apply for a Back to Work package via the Auckland Chamber of Commerce.
3.NGOs and organisations can access :
- $4 million for providers to ensure they can meet increased demand and support the well-being of their staff and volunteers due to flooding and cyclone
- $1 million to replenish stocks at food banks currently experiencing high demand
- $2 million of grants for community groups to support flood response
- $4 million expansion of the scope of Community Connectors to support Auckland and impacted regions’ flood response efforts
- $500,000 ring-fenced funding to respond to the needs of disabled people
4.IRD
Inland Revenue will also waive penalties for late payments for Auckland, Northland, the Bay of Plenty, Thames/Coromandel and Waikato. Contact them to find out how they can support you.
5.BANKS
All banks have released emergency financial support for customers, including letting flood victims with home loans temporarily put their repayments on hold. Ring your bank manager to find out what they have on offer.
6.How do I manage pay and leave if my staff aren’t working after a natural disaster?
Apply common sense and, as an employer, act in good faith. Be honest with your staff.
If the workplace
- cannot be accessed,
- is closed,
- or is open, but the employee is unable to work during a natural disaster or emergency,
then employers and employees should refer to their employment agreement, workplace policies and the specific circumstances to determine leave and pay.
Generally, the situation is not covered under a lawful provision within an employment agreement or workplace policy. In that case, an employer must pay an employee who is ready, willing, and able to work if work is not available through no fault of the employee.
7. You Ask – We Answer
a) Can I change the employment agreement as a result of the natural disaster?
You can only make changes to your employment agreements, including hours of work, wages or salary, or make your staff do tasks unrelated to their job if you talk to you in good faith and agree to it. All changes to an employment agreement must be made in writing and agreed upon between both parties.
b) Can I make my staff redundant as a result of a natural disaster?
An employer should consider other alternatives first. Restructuring and Redundancy should be the last option and only be considered if there are no suitable alternative arrangements following a good faith process.
c) What are reasons for restructuring?
In some situations, an employer may consider restructuring because they are experiencing issues with;.
- Cashflow problems,
- Reduced Sales,
- Supply Chain,
- Access to Worksites
d) Restructuring changes may include:
- Changes to an employee’s job description,
- A change to when or how work is done,
- Reducing employee’s hours.
8.Please note
that all affected employees affected by redundancy must be fully consulted on the restructuring proposal and the employer must fully consider any feedback they provide before making any final decisions. The Good Faith principle is vital, as this is a no fault dismissal.
9.Helpful pages
- References Civil Defence webpage; https://www.civildefence.govt.nz/
- Employment NZ webpage- employment.govt.nz
- Auckland Chamber of Commerce- https://aucklandchamber.co.nz/backtowork/
- Beehive Government Support – https://www.beehive.govt.nz/release/5-million-support-package-flood-affected-auckland-businesses
- Beehive Government Support- https://www.employment.govt.nz/leave-and-holidays/other-types-of-leave/employment-during-and-after-disasters/
- Inland Revenue https://www.ird.govt.nz/contactus
- Stuff – https://www.stuff.co.nz/business/131261027/anz-latest-bank-to-offer-interestfree-overdrafts-to-floodcyclone-victims-while-asb-will-charge-just-001
We Love Tradies HR Ltd blogs contain only general information about legal matters. It is not intended to be legal advice and should not be treated, or relied on, as such. For legal advice specific to your facts, please get in touch with a lawyer appropriate to your legal issue.
