Employer Bulletin | 9 February

Here's what is leading the news for employers this week:

WorkSafe has updated its enforcement policies and processes to give businesses more clarity about how it makes enforcement decisions and allow them to address and remedy safety issues faster, Minister for Workplace Relations and Safety Brooke van Velden announced. 

“On my health and safety roadshow I heard concerns about WorkSafe’s approach to enforcement. In particular that WorkSafe can be heavy-handed in punishment when something does go wrong, but not always sufficiently supportive in providing advice on how to manage risks in the first place,” says Ms van Velden. 

The changes include a clear expectation that WorkSafe actively considers other enforcement options before prosecution.  

“New options such as formal warnings and pre-charge enforceable undertakings allow businesses who show a willingness to remedy issues and improve workplace safety to do so quickly without lengthy court processes.” 

Prosecution will remain an option for cases where there has clearly been significant or negligent disregard for health and safety law, repeated non-compliance, or where serious harm has occurred and deterrence is necessary. 

“I expect these changes will sharpen WorkSafe’s focus on prosecuting cases of genuine recklessness or negligent disregard of health and safety law. Additionally, I have set an expectation that WorkSafe improves its provision of guidance so that businesses and organisations understand what their obligations are in the first place.”

In today’s Bulletin:

• Collective agreement keeps expansive health monitoring from setting sail
• Employee’s perception of sham redundancy proves unfounded
• Failure to properly consult on redundancy has costly consequences 
• Employee’s stock raid not serious enough to constitute serious misconduct 
• Interim custody of newborn does not qualify for parental leave payments
• Eight news updates of interest for employers including:
  • Updated WorkSafe enforcement policies to improve safety outcomes
  • Additional 15,000 jobs welcomed
  • Water storage investment supports regional resilience and long-term food production
  • Auckland leads rise in new homes consented
  • Government backs fusion energy research
  • Investing in the future of West Coast ports
  • More graduate doctors set to train on the West Coast
  • Taranaki green hydrogen energy project starts
• Seven bills open for submission
   

If you have any questions, about this case or other employment relation matters, call the Advice Line team on 0800 800 362.