Frequently Asked Questions (FAQs)

Disclaimer: These FAQs are intended as a first point of reference and should not be relied on as a substitute for professional advice. Special legal advice should always be sought in relation to any particular circumstances and no liability will be accepted for any losses incurred by those relying solely on this publication.

Frequently
Asked Questions

Catalyst Employment Solutions

HR expertise to grow your business

How do I employ people on a trial basis?

The Employment Relations Act allows provision for a trial period to be included in an employment agreement. However this does not mean you can simply terminate employment at the end of this period. In practice, a minimum of monthly reviews during the trial period will be required. These periodic reviews will include discussion of any performance issues and the standard required and the provision of training or other appropriate assistance. An employee may take a personal grievance claim is they feel they have been unjustifiably dismissed at the end of the trial period.

Contact us to discuss your situation Ph: 09 302 0048 or send us an email with ‘Trial Period – Free Fact Sheet’ in the subject line, to receive more information.

Call today for expert HR Management to grow your business.

Email teresa@catalystemployment.co.nz or phone 09 302 0048

How can I find good people for my job vacancy?

Given the low unemployment rate (3.6% nationally) there is strong demand for fewer quality candidates. Analysis of demographic trends shows that this is not just a NZ trend but one which will continue to affect developed and developing countries internationally.

To attract quality people you need to understand what they are looking for and what you have to offer. Increasingly recruitment is about attraction as well as selection. First ensure that you have a well constructed Job Description and Person Specification. You also need to consistently communicate what you have to offer – your Employer Brand. Make sure that you use all avenues for attracting candidates including Internal Referrals from your current employees and actively approach suitable people.

Contact us to discuss your situation Ph: 09 302 0048 or send us an email with ‘Employer Brand – Free Fact Sheet’, ‘Job Description – Free Fact Sheet’ or ‘Selection – Free Fact Sheet’ in the subject line, to receive more information.

Can I employ someone as an independent contractor?

Employers and employees have specific rights and obligations in employment law. Employee rights include the right to take a personal grievance, to have paid holidays and sick leave and to be paid no less than the minimum wage. Employers are obliged to deduct PAYE from their pay.

Independent contractors are liable for their own income tax and ACC, may charge GST and claim additional expenses on their tax return. To ensure that an ‘employer’ avoids unintended obligations, it is important that the relationship is correctly determined. Factors to take into account include:
the intention of the parties
how much control the ‘employer’ has over when, where and how they do the work
how integral the work is to the business
whether the worker is in business for themselves

Contact us to discuss your situation Ph: 09 302 0048 or send us an email with ‘Independent Contractor – Free Fact Sheet’ in the subject line, to receive more information.

How do I take someone on as a casual or temporary employee?

All employees must have a written employment agreement (contract). This includes full-time, part-time, permanent, temporary and casual employees. A casual is employed on an infrequent basis, as and when required. They do not have a permanent shift. A casual employee or temporary employee (employed for less than 12 months) may be regularly paid 8% holiday pay instead of being provided with annual holidays. However it is important that casuals and temporaries are correctly identified to avoid additional unintended liability for annual holidays.

Temporary and casual employment agreements must clearly outline the specific nature of the employment in order to avoid grievance claims on termination. Temporary agreements must include the reason for the temporary agreement and the date on which it will terminate.

Contact us to discuss your situation Ph: 09 302 0048 or send us an email with ‘Casuals and Temp.s – Free Fact Sheet’ in the subject line, to receive more information.

What do I do if someone is not performing?

In order to ensure you maximise the likelihood that your employees will perform well you should first recruit the right people. A well written Job Description and Person Specification and Selection Process will achieve this. Once on board provide a thorough Induction Process to help them to quickly settle in. A Performance Management process will also be needed to ensure they continue to perform.

However, if you have an existing employee is not performing you should do all of the following:
discuss their performance with them and let them know that you are dissatisfied
clearly outline the expected level of performance
warn them of the possible consequences including dismissal if performance does not improve sufficiently
provide them with training, supervision and other assistance needed to improve
give them sufficient time to improve and
review after that time and discuss with the employee any changes in performance and whether standards have now been met.

Contact us to discuss your situation Ph: 09 302 0048 or send us an email with ‘Trial Period – Free Fact Sheet’ in the subject line, to receive more information.

How can I keep my staff motivated and reduce my attrition?

Given the current low unemployment rate (3.6%), your people have many options if they want to change jobs. You also want to keep them actively engaged and providing their best efforts at work to ensure they contribute to the organisation’s success. All aspect of your organization (company policies, environment and equipment, pay and conditions, the boss, colleagues and subordinates, expectations when they joined etc) will affect motivation, but some elements have more impact on discretionary effort than others. Employer Branding is a process to identify and communicate to internally and externally precisely what is great about working for your organization. It will enable you to recruit and retain the best people on an ongoing basis. Employee Surveys are a useful tool in identifying and communicating your Employer Brand.

Contact us to discuss your situation Ph: 09 302 0048 or send us an email with ‘Employer Branding – Free Fact Sheet’ or ‘Employee Survey – Free Fact Sheet’ in the subject line, to receive more information.

How do I know what I need to do to comply with Health and Safety legislation?

The Health and Safety in Employment Act requires employers to provide a safe and healthy workplace and to manage the risks and hazards which exist in the work environment. There is a need to provide any protective equipment and clothing, information, training and supervision to employees. There are also obligations in relation to non employees (visitors and customers) in the workplace. Systems and processes are needed to ensure compliance with the Act and penalties for non compliance could range up to $500,000.

Contact us to discuss your situation Ph: 09 302 0048 or send us an email with ‘Health & Safety – Free Fact Sheet’ in the subject line, to receive more information.

We’ve just acquired another business, how can we make sure people adjust well to the change?

Merging with or acquiring another business can be very exciting and has great potential for the business. If this process of integration is well managed the business will be re-energised and refocused on achieving the goals of the business.

However when two businesses join together there is often a degree of tension between the groups due to the difference in ‘culture’. There may also be power struggles between groups and individuals due to the relative size of the two businesses. To reap the full benefit of a merger or acquisition it is vital to successfully work through these issues. Good Communication, Employee Surveys, Team Building, Employer Branding and thorough Planning will all contribute to a smooth transition and full integration with maximum benefit for the organization.

Contact us to discuss your situation Ph: 09 302 0048 or send us an email with ‘Health & Safety – Free Fact Sheet’ in the subject line, to receive more information.

What do I do if my employee is very unwell, has been off work for a long time and I don’t know if they’ll be able to return?

You should be aware of how much sick leave an employee has owing to them if they are off sick. You might choose to provide additional leave over and above their entitlement or offer to let them take annual leave, however this should be a conscious decision. If an employee is off work you should keep in contact with them and review the situation periodically. If the absence is extended and/or you are not sure when they will be able to return to work you will need to discuss the situation with them and request an opinion from their medical practitioner. You should also consider other alternative duties or hours which may be possible. You are not required to hold a job open indefinitely, but you should act fairly and consider all the information available.

What can I do to improve the leadership skills of my management?

The job of the leader is to make things happen, but there is no one right way to lead. Leadership effectiveness is dependent on the management level, job function, situation, and person characteristics of the leader.

However leadership behavior can be measured, changed and improved and the Leadership Effectiveness Analysis (Leadership 360®) is a powerful tool designed to provide individuals with feedback on their leadership practices. It helps leaders to discover how their boss(es), peers, and direct reports view their day-to-day approach to the leadership role. It will identify the strengths of your approach, as well as developmental opportunities for you to increase your leadership effectiveness.

Contact us to discuss your situation Ph: 09 302 0048 or send us an email with ‘Leadership Effectiveness – Free Fact Sheet’ in the subject line, to receive more information.

The business has changed and I don’t think we’ve got the right people in the right roles anymore, what is the best approach?

As business grows or contracts the need for people in certain roles and the nature of those roles may change. It is important that the structure supports the business goals and operations. Any change is potentially disruptive to affected staff and those around them so it is important that it is well planned. The first step is to consider what duties need to be performed and the roles which may be best suited to fill these current and future requirements. There is a legal requirement for consultation during the early stage of any anticipated restructure and you should seek advice to ensure that the process well planned.