Employment Relations Amendment Act – 90 day employee probation

Employment Relations Amendment Act 2010 & the Holidays Amendment Act 2010Working In Job Tools

On or before 1 April 2011, the Department of Labour will release a guide to the changes in labour law introduced with the enactment of both the Employment Relations Amendment Act 2010 and the Holidays Amendment Act 2010.

Employment Relations Amendment Act 2010

A wide range of legislative amendments have been introduced by the New Zealand Government with the Employment Relations Amendment Act 2010. Most changes come into effect on 1 April, 2011.

The main changes to the Employment Relations Act include:

  • Extension of trial periods to all employers
  • Changes to the personal grievance provisions
  • Requiring consent to be given before a union can access a workplace, and confirming communication with employees can occur during collective bargaining
  • Requiring employers to retain employment agreements
  • Extension of the role and powers of labour inspectors

Holidays Amendment Act 2010

The main changes to the Holidays Act include:

  • The ability for employees to cash in a maximum of one week of annual holidays
  • Transferring public holidays to another working day

Changes to the Holidays Act will also come into effect on 1 April 2011, with the exception of the following, which are already in effect:

  • If a business has an annual ‘closedown’ or ‘shut down’ period that includes public holidays (as can happen over the Christmas / New Year period) then the employee is entitled to be paid for the public holidays if it is an otherwise working day for the employee.
  • Employers are required (as of 1 July 2010) to retain a signed copy of an individual’s employment agreement or current signed copy of the terms and conditions. Employees are entitled to a copy of their agreement if they request one.

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