With regard to the proposal to restructure or initiate disciplinary proceedings, employers are required to give the workers concerned access to all relevant information. In 2011, the labour tribunal`s decision in the case of „The Vice-Chancellor of Massey University/Wrigley“ introduced a very broad interpretation of the relevant information as part of a restructuring. This includes anything that could affect the retention of a worker, even if it is confidential information about other workers. Employers and workers now have much more flexibility to agree on how, if and when breaks will be taken. If, because of the nature of the work, the employer is unable to take breaks or agree that there is no break, the employer may compensate the worker for his right to the break. Compensation may include the ability for employees to get breaks to accommodate them in one go, or to let them complete their shifts earlier instead of a break during the shift. Prior to March 6, 2015, the law provided for a rest and meal break for all employees based on hours worked. It`s a hidular approach. Employers simply have an obligation to provide workers with a „reasonable opportunity“ for „calm, refreshment and attention to personal affairs.“ Previously, workers who care for dependents could request changes to their work regimes to enable them to better support their loved ones. The right to demand flexible work arrangements (including changes to working hours, working days and workplaces) is now extended to all workers, without exception or restriction. Although employers are not required to accept a flexible work plan application, they must formally respond to requests within one month. The Act provides for some important changes to collective bargaining rules, which give employers more flexibility in the bargaining process.
Changes include: Posted in Employment, Employment Bulletin; Published 5 years ago by Candice Murphy, the Amendment Act waters down the impact of the Wrigley case on employers. The provisions of the law in good faith have been amended so that employers have the right to withhold confidential information, including information about other identifiable persons, if there is a good reason to withhold it.
