New Zealand Human Resource Management

This assignment requires a comprehensive analysis of human resource management (HRM) in New Zealand. Students must explore the historical development of HRM in the country, examine various HRM models employed, and critically evaluate current trends and challenges facing New Zealand's HRM landscape.

EMPLOYEMENT
RELATIONSHIP
[Author Name(s), First M. Last, Omit Titles and Degrees]
[Institutional Affiliation(s)]
Author Note
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1 TABLE OF CONTENTS
1.1 RIGHTS AND RESPONSIBILITIES: INDIVIDUAL BARGAINING AND GOOD FAITH....2
1.1.1 Rights of Employees............................................................................................................2
1.2 Employers responsibilities on non-union employees...................................................................3
1.2.1 Good faith............................................................................................................................4
1.2.2 Employers good faith...........................................................................................................4
1.3 EMPLOYMENT AGREEMENTS..............................................................................................5
1.3.1 Types of employment agreements........................................................................................5
1.3.2 Types of contract.................................................................................................................6
1.3.3 Contract employment agreement.........................................................................................6
1.3.4 Probation clause and 90 day trial.........................................................................................6
1.3.5 Employment contract agreement..........................................................................................8
1.4 Legal Compliance........................................................................................................................9
1.4.1 Under age employment agreement.......................................................................................9
1.4.2 Banning of zero-hour contract.............................................................................................9
1.4.3 Employee’s duties and responsibilities..............................................................................10
1.5 CONCLUSION.........................................................................................................................10
2 References.........................................................................................................................................11
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INTRODUCTION
When a person offers services or performs a certain type of work under conditions and is in turn
compensated, a legal link between him and his employer is created and is called the employment
relationship. It is through the business relationship, that complementary rights and commitments
are made between the employer and employee (Baudrillard, 1981). It becomes the primary
vehicle through which employees access the rights and advantages related to employment in the
zones of labor law and social securities. It also determines the nature and degree of employer’s
rights and obligations towards their employees.
In most firms, the employment relationship and agreements are often determined by the
employer rather than having both parties bargain and agreeing to terms (Baudrillard, 1981). Most
employers uses the take it or leave it concept leaving employees with no choice than to abide by
these agreements even though they are not good for them. This leads to the hierarchical type of
employment relations. However, the government of a country sets rules that govern against
employment discrimination, retirement benefit plans and the health and safety of employees
which a firm has to comply with if not, may lead to dire consequences (Baudrillard, 1981).
On 2nd of October 2000, the Employees Relation Act 2000 was enacted, which was later review
and amended on 1st of April 2016. The main objective of this act is to ensure that good
employment relationship are built and maintained through the advancement of good faith in all
aspects of the work environment and that of the business relationship (Clegg, 1975). It promotes
the effective requirement of work norms specifically by giving enforcement power to labor
inspectors and the authority. It also promotes recognition in New Zealand of the standard basic
international Labor Organization Convention 87 on freedom of association and convention 98 on
the Right to organize and bargain collectively.
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1.1 RIGHTS AND RESPONSIBILITIES: INDIVIDUAL BARGAINING AND GOOD
FAITH.
1.1.1 Rights of Employees
All workers, whether full-time, part-time, fixed-term or casual are entitled to a duplicate of their
employment agreement in writing, which must state all the terms and conditions which are at any
rate comparable to the rights in the law. These ters should ensure the employee's safety at work
and protection against work bullying or harassment (Blyton, 1994). It also ensures that the
employee works in good faith. It is the employee’s responsibility to abide by all rules and
regulations set by the employer. The employee also has to act reasonably and relate with each
other in good faith. For example, once the employee has agreed to work for the firm, they should
dedicate their effort and time, and use their skills in ensuring that work assigned to them is done
effectively.
The employee is also entitled to compensation and remuneration for the work done and services
offered. The employee also has right to refuse to perform certain work (Fox, 1974). For example,
an employee is asked to come into work on his free or leave days or asked to work extra hours,
he is entitled to refuse to work should it be an inconvenience to him. The staff member at Steel
Engineering may also refuse to work if the services he is required to offer can cause him harm
health wise. This is according to section 67E of the Employment Relations Amendment Act
2016 (no.9) (Baudrillard, 1981). The employer is required to not treat the worker adversely, e.g.
by, forcing the employee to retire or resign or unlawfully dismissing the employee. An employer
who fails to follow this rule may be subjected to consequences by the law.
1.2 EMPLOYERS RESPONSIBILITIES ON NON-UNION EMPLOYEES
An employee has a freedom of becoming a member of a union or not. If a member, the employer
is required to release the employee to attend at least 1 union meeting. An employer is required to
inform the workman of all the collective agreements and work he will cover (Dunlop, 1958). The
employer is also required to inform the employee that he can join a party to the collective
agreement or how to contact a union. And should the employee join one, he is to be informed he
is bound to the employer by the collective agreement. The employer should also present the
employee with the collective agreement and that all work should not go against subsection (2) of
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the employment relationship in accordance with the collective agreement. The general manager
at Steel should inform and explain to James Smith about all this. He should also discuss with
James what is required of him according to the Individual Employment Agreement. Section
62(1) states that an employer is required to comply, failure to which, may draw penalties by the
authorities. James should also enquire about unions and ensure that he understands the
agreements before signing them.
1.2.1 Good faith
Employer and employees should have an open and honest relationship. They should maintain a
good and productive relationship and ensure communication and interactions between them are
constructive (J, 1978). This is called good faith. Not only does it ensure good relations between
employer and employee, but also between a union and its members. Section 4(1) states that
parties must deal with each other in good faith. Confidentiality must be maintained between
these parties and no party should mislead or be deceitful to the other. For example, employees at
Steel are required to maintain order in the workplace and should there be a problem, they should
approach the manager in a mature way and solve those issues instead of participating in strikes.
The employers at Steel should also be mindful of their employees while making decisions that
may affect them, for example, liquidation of the firm.
1.2.2 Employers good faith
Section 60 states that employees should be given adequate information on terms and conditions
to be met while working at a firm. They should not be pressured into signing an agreement
before having understood the agreements well. Good faith behavior is required. Under section
68, a party should not be subjected to unfair bargaining (Baudrillard, 1981). The employee is
also entitled to challenge the bargain on grounds that it is unfair. Section 69 also states that an
employee has the freedom to request a variation in his working arrangements. Hemi Wingate has
a right to challenge the bargain offered to him by the general manager. By giving him an
ultimatum, the manager has not acted in good faith, given that he pressured Hemi to sign the
agreement. Hemi has a right to petition and challenge this in court through the labor inspector,
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and should the manager be found guilty of not adhering to good faith, he may suffer dire
consequences (Baudrillard, 1981). Hemi also has a choice of resigning his job should he feel that
he is not rightfully catered for.
1.3 EMPLOYMENT AGREEMENTS
1.3.1 Types of employment agreements
There are two main types of employment agreements (Fox, 1974). I.e., the individual
employment agreement and the collective employment agreement. In individual employment
agreement, negotiations between the employer and employee take place and they discuss the
terms and conditions of the employment. These agreements should be in writing and before the
employee signs the agreement, he should review it thoroughly and if there are changes he would
want, notify the employer as soon as possible and try to negotiate it. Both parties should sign the
agreement and each should have a copy of the agreement. This agreement is between the
employer and employee even if it matches with a collective agreement of a union party.
The collective employment agreement, on the other hand, is negotiable by unions that are
registered and employers. Employees covered by these unions by collective coverage clauses
must be on collective agreement with the union (Blyton, 1994). These unions aim at maintaining
ace of a good productive relationship between the parties and negotiate with the employer on
behalf of the employee. Employees may also be employed a casual, part-time or full-time
worker, or under fixed term depending on work they perform or services offered. Steel Eng. Ltd.
Aims at employing new employees. The general manager should decide what type of services he
requires to ensure that they hire the best candidate.
The following are some of the candidates and type of employment agreement that most
appropriate for them;
a. John Samson – Collective Employment Agreement
b. Range Walker – Part-Time Employment
c. Brendan Talbot – Full Time
d. Melanie Wheeler – Fixed Term
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e. Conrad Abraham - Casual
1.3.2 Types of contract
Under section 4(1), it was not right for the general manager to change Lester’s IEA to casual
laborers without consulting with him. This is against good faith of employment relationship
(Beardwell, 1994). Should the manager wish to change Lester’s employment agreement, he
should have consulted him and negotiate the bargain with him till they come to an agreement.
Lester, in this case, is entitled to challenge his changeover to casual, however, he may not deem
it necessary since his pay is still the same as in IEA. The general manager should know that
Lester is not a casual laborer since he works 45 hours in a week and offers his services regularly.
1.3.3 Contract employment agreement
According to section 66, an employer and employee may agree to end employment at a specific
date (Baudrillard, 1981). By hiring two more workers to assist in the completion of a contract,
Steel Ltd. Has entered in a fixed-term employment. The completion of services to be offered also
means the end of this contract between Steel Ltd and the two employees. Once the task is
through and the worker still works for Steel Ltd, this will not be covered under Fixed Term
Employment and they are required to enter into another contract in order to work for Steel
legally.
1.3.4 Probation clause and 90 day trial
For an employee to be placed on probation, this must be captured in writing during employment.
Section67(1) states that the employee should not be dismissed unlawfully and that they are
dismissed at the end of probation period. The manager should not have dismissed Maddie before
her probation period was over even though Maddie’s performance does not meet the
expectations. However, section 67A states that an employer may dismiss an employee under the
trial period for 90 days if the not satisfied with employee’s work, may dismiss them at any time
during the trial period. This should be in writing (Abbott, 2006).
90 days trial
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The employment relation amendment act 2008, section 6 and 7 provide that an employee can
specify a 90 day or less period within which the employer has rights to dismiss the employee due
to lack of work satisfaction. Due to dismissal, the employee cannot challenge this decision and
present his grievances to the employer unless specific exceptions like breastfeeding that comply
to a superannuation fund. Should the manager decide to terminate Shirley Anderson, no legal
action can be taken against him. This trial period should also be in written form, as an employee
agreement, Section 67A
1.3.5
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Employment contract agreement
EMPLOYMENT CONTRACT
This employment contract dated 2 October 2017
Between
Steel engineering limited (employer)
And
Justin Thyme (employee)
Job title: design engineering
Minimum work hours: 45 hours a week
Background
The employer believes that the employee has required skills and experience to benefit the
business.
The employee will commence permanent full-time employment with the employer on 2nd cot
2017.
The employee agrees to dedicate his time and skills to the firm and perform his duties truthfully
The employee shall receive an annual salary of 92000$ payable in monthly installments and is
entitled to annual leave on top of the holidays as stated by the holiday act.
He is also entitled to a car and a cellphone which he shall use for business purposes.
He is entitled to the access of design information, which is sensitive information and must be
handled with care. Expose of this information will lead to severe consequences.
His duties are;
 inquire about (utilizing scientific demonstrating to work through new improvements and
developments)
 configuration (transforming research thoughts into specialized plans for models utilizing
PC helped outline (CAD) and PC helped designing (CAE) programming)
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1.4 LEGAL COMPLIANCE
1.4.1 Under age employment agreement
The employer should always have a record of all employees details, including payment. Details
like employee’s name, age and employment date should be included (Abbott, 2006). The number
of hours an employee works should determine the amount that they are pays. Section 130(1)
requires every employer to comply and be open about employee’s payment. Good faith has been
breached when the manager decided to pay Jayne little money for being a minor. The wages Act
has also been breached.
Starting Wage
12.60*45=567
Adult minimum wage
15.25*45=686.25
686.25-567=119.25
1.4.2 Banning of zero-hour contract
Zero-hour contract is where an employer and employee enter into a contract that ‘states that the
employer is not obliged to have minimum working hours and the employee can refuse work
offered. New Zealand parliament passed the bill that prohibits employers and employees from
participating in zero hour contracts. The bill states that every employee should have a minimum
working hour each week and workers can refuse extra hours (Baudrillard, 1981).
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 testing (gathering and investigating information from model testing)
 adjusting outlines (in front of make or establishment)

New Zealand’s Wages act stipulates that the minimum wages for an adult should be 15.75$ per
hour.
If Enu’s wife picked 350 bins for over four weeks that means she picks 350/4=87.5 in one week.
Her pay for one week was 87.5*5=437.5.
The law states that at least in a week and adult should earn 5*126=630
This means she is earning less than the law states.
Should a worker wok on holiday, the employer is required to pay them that day’s pay. The
employee should be paid on a daily basis every day that he works during the holidays, Holiday’s
Act 2003.
Enu’s daily relevant pay is 192$ per day. If he decided to come during the holiday, he will be
compensated
25$*8hr = 200$
This amount is more than what he earns on a daily basis. SEL should encourage Enu to work on
holidays since it will benefit him.
If Enu works on holiday without agreeing, he is entitled to an alternative holiday and SEL is
obligated to pay him for working on that day. Enu also can exchange his alternative holiday with
payment instead of going on a holiday.
1.4.3 Employee’s duties and responsibilities
Employees are granted a sick leave of 5 days which are paid sick leaves a year after working in a
firm for at least 6 months. Sick leave accumulation can only add to a maximum of 20 days and
an employer and employee must discuss this prior this period. Once Susie uses up her 5-day sick
leave, with no evidence of sickness, the manager can dismiss her.
James being a full-time worker should earn at least ((40*24) *4) *12=46080$ per annum. By
receiving 52000$ per annum, that means his leave Bonus was also included while calculating his
annual pay. Getting an extra 1920$ indicates he earns more than he rightfully should.
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Employees and workers should know their rights and responsibilities (Baudrillard, 1981). These
terms and conditions should be applied in every workforce to ensure that jobs are done
effectively and efficiently without the harassing of one party. Employers should treat employees
as important because without them no jobs can be done.
Once a collective agreement is due to roll over, unions and employers should decide on what
actions to be undertaken. If they do not come to an agreement, various methods like meditation
are utilized to ensure no conflicts arise. Both parties must agree to mediation services as
provided in Section 144. They should be presented to authority to determine how both parties
will share costs. Collective bargains also bind these two parties together.
1.5 CONCLUSION
Employees in new Zealand are covered by the Employees Relation Law (ERA). ERA covers
everyone that offers services and is compensated as a result. However, independent contractors
are not covered by ERA (Dessler, (1997)). The duties of an employee include; ensuring a safe
work place, paying of workers, taking responsibilities of employees workers and not
discriminating them while employees are required to obey the employers instructions, work
effectively and efficiently (Clegg, 1975). This ensures that both employer and employee achieve
goals set for the firm.
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