Employment and Disaster

The recent floods in Auckland, Waikato, Waitomo, and Tairāwhiti have left many workers unsure about their employment rights and options. While the safety and well-being of people affected by natural disasters should be the top priority for employers and employees alike, it's essential to understand your rights and entitlements when it comes to pay and leave.

If your workplace has been affected by floods, your employer must pay you if you're ready, willing, and able to work. However, if you're unable to work due to circumstances beyond your control, you should refer to your employment agreement and workplace policies to determine your leave and pay entitlements. If you can work from home, you must be paid for every hour worked, as per your employment agreement. If you're unable to work from home, consult with your employer to reach an agreement in good faith.

If you're facing workplace changes or redundancy due to the floods, your employer cannot make changes to your employment agreement without consulting you in good faith. If you have concerns, you can use the Ministry of Business, Innovation and Employment's Early Resolution Service for free, phone-based assistance to resolve the issue informally.

If you've lost your job or can't work due to the floods, you may be eligible for financial support from Work and Income. Migrant workers or those facing exploitation can call 0800 200 088 for assistance.

It's crucial to remember that the health and safety of people come first, and employers and employees should deal with each other in good faith. If the workplace is severely damaged, and working from home is not possible, seek expert advice on your options. If the employee is unable to work, the parties should discuss the situation in good faith and determine the best leave and payment options. In the event that employees are unable to work due to personal reasons during natural disasters or emergencies, there are various options for leave and payment available. These include taking annual holidays, anticipated or additional annual holidays, entitled alternative holidays, or special leave, which may be provided for in employment agreements or workplace policies, or by mutual agreement between the employer and employee. Leave without pay, sick leave, and other paid or unpaid leave may also be available, depending on the circumstances.

When all leave entitlements have been exhausted, employees and employers need to consider further options in good faith, taking into account the nature and extent of the disaster and its impact on the business recovery. It's crucial to maintain open communication and reach mutually agreed-upon solutions that are fair to both parties, particularly during difficult times like natural disasters.

Enabling employees to work from home is one way to help them stay employed and productive, provided it's safe and practical. However, if working from home is not feasible, employers and employees need to work together to find other options that ensure the employees' well-being while supporting the business's recovery. Whether it's taking leave or exploring other possibilities, it's essential to act in good faith and keep lines of communication open to maintain a fair and productive working relationship. An employer would be entitled to ask their employees to do all or some of their work from home, provided their home is safe and it is possible for the employee to work remotely. If an employee is able to work from home safely, with agreement from their employer, they must be paid, as normal, for each and every hour that they work as set out in their employment agreement, unless both they and their employer agree, in writing, that they will be paid at a different rate while they are working from home.

If an employee is unable to work from home, and it is unclear what they should be paid, the employee and the employer should consult the employment agreement, discuss, and seek to reach agreement in good faith on what approach will be taken. If the workplace is severely damaged and or it will be closed for a prolonged period, particularly where working from home is not suitable, then they should seek expert advice on their options.

Any agreement that is made should be recorded by both parties, particularly if it changes the terms and conditions in the employment agreement, for example hours of work, or rate of pay.

In the aftermath of natural disasters, it's crucial to act in good faith and apply common sense to reach an agreement that is fair for all parties. Once all leave entitlements under the Holidays Act 2003 and any negotiated additional leave or anticipated leave entitlements run out, employees and their employers will need to consider further options in good faith. This will help to ensure a smooth recovery and get everyone back on track as soon as possible.