A Quick Guide to Restructuring
The current economic climate in NZ means employers are facing the challenges of rising costs. As a result we are seeing organisational restructures becoming more common as businesses look at ways to reduce costs and/or increase efficiency.
The starting point is that an employer is entitled to reduce its workforce if it does not have the work available. Likewise employers can also make changes to their organisation to make it more efficient or more profitable.
However employers do need to ensure that the restructure is substantively justified and the process followed is fair otherwise they risk personal grievances being raised.
Business Restructures - Get it Right
Employers often look to restructures when economic uncertainty is looming. With that in mind it is vital employers fully understand their legal requirements if looking to restructure and make staff changes.
The Accredited Employer Work Visa (AEWV)
On 4 July 2022, Immigration New Zealand introduced the new Accredited Employer Work Visa. In short, where genuine skill or labour shortages exist, accredited employers can hire skilled migrant workers using the AEWV.
This Visa requires employers who are wanting to employ migrants to become accredited. Once accredited, the employer can invite migrants to apply for the job which will allow the migrant to apply for a visa within NZ, including through the new Accredited Employer Work Visa.
What should I be paid if I am on call on a public holiday?
The rules for paying an employee who is on call on a public holiday are set out in the Employment Relations Act 2000. What has to be paid depends on a number of factors including whether the employee was or was not called in to work on the public holiday, and if not called in to work, whether the conditions and restrictions of the call-out arrangement limited the employees activities.
Border Re-Opening & Work to Residency Pathways
The Government has recently announced changes to New Zealand’s immigration settings which will result in New Zealand’s borders opening to the free flow of non-New Zealand citizens and residents for the first time since the borders were closed on the 19th of March 2020. The border re-openings are happening gradually over the first half of this year but they will be fully open to all international visitors by the 1st of August 2022.
