Vaccine mandates - rights and obligations for employers and employees
I have been holding off writing anything about Covid vaccination mandates in the hope that the legal position would become clearer. At this time we have only received government guidance but not the confirmed legislation. As I write this article on Friday 22 October 2021 it has not become clearer but hopefully I can give some broad guidance.
ERA further endorses Covid-19 vaccine mandate
A month after upholding NZ Customs’ dismissal of a temporary employee for non-compliance with the COVID-19 Public Health Response (Vaccinations) Order 2021, the Employment Relations Authority (ERA) has further highlighted the role of the government’s vaccine mandate in the context of frontline employment.
NZ Customs dismisses unvaccinated employee
The Employment Relations Authority (ERA) has rejected an employee’s claims against the Customs Service for terminating her employment because she was not vaccinated against COVID-19. The employee worked at a port facility, having been appointed to a ‘national role’ in October 2020 designed to assist with temporary additional staffing required to manage the risk of COVID-19 reaching New Zealand through the ports.
New bereavement leave for miscarriage and still birth
The Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021 passed by a unanimous vote on 24 March 2021. This new law allows employees to take paid bereavement leave in the event of a miscarriage or stillbirth. The change has been effective from 1 April 2021.
What happens when you get an Employment Agreement wrong?
A good employment relationship is founded on certainty of terms for both the employee and employer. This comes from having a well-drafted employment agreement which clearly sets out the expectations, obligations and entitlements of each party. A well-written agreement can help maintain clear, productive working relationships and can mitigate or even prevent future disputes.
