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Kiwi coming home

90-day trial periods

90-day trial periods are now restricted to businesses with fewer than 20 employees. However, businesses with 20 or more employees can still use probationary periods to assess the suitability of a new employee. “The key distinction,” says Laura, “is that a probationary period does not prevent an employee from raising a personal grievance for unjustified dismissal and an employer must still follow a fair process prior to dismissal.”

30-day rule

If there is a Collective Employment Agreement (CEA) in place, a new employee must be employed under its terms (or better) for the first 30 days of their employment. The employee must be informed: 

  • that the Collective Employment Agreement exists (and be provided with a copy along with an Active Choice Form);
  • that they are entitled to join the union, and how to contact the union;
  • that if they join the union they will be bound by the CEA;
  • that the terms and conditions for the first 30 days of their employment comprise those in the CEA and any more favourable terms; and
  • any information the union has requested that the employer provide.

After 30 days, an employer and employee can agree on an Individual Employment Agreement to replace the CEA.

Availability clauses

Many employment agreements contain clauses saying that staff may be required to work reasonable overtime. Many agreements for salaried employees have clauses like “the duties of your position may require you to work additional hours beyond the normal hours of work. Your salary compensates you for all hours worked”. Laura notes that “a recent decision of the Employment Court, Postal Workers Union of Aotearoa v New Zealand Post Limited [2019] NZEmpC 47 has found that employees may not be obliged to work these additional hours. That is unless there is compensation paid not only for the overtime hours worked but also for being available to work the overtime.” 

Employment agreements need to be updated for salaried workers now to explicitly note that the salary is agreed to cover all hours worked and also covers compensation for the employee making themselves available for work. If this isn’t included in an employment agreement, as the law currently stands, the employee is under no obligation to work the additional hours and can’t be penalised or disadvantaged for refusing to do so. 

Union rights

Union delegates are now entitled to reasonable paid time to represent employees. The delegates must have been appointed or elected as a union delegate by following the rules/procedures of the union. The time must relate to the representation of employees of the employer. The activity must also not unreasonably disrupt the business or performance of duties. If it does, then the employer is within its rights to refuse to pay the delegate. “There have been many other changes to employment law in New Zealand over the last twelve months,” says Laura; “we’re expecting more to follow in the coming year. They can be hard to keep up with from a distance, I know, so I hope you have found it useful for us to lay out the specifics.”

If you’re a business owner and ready to seek advice, the DLA Piper Employment Team would love to hear from you. 

COMING HOME?

Join

Join the Kea community, NZ’s online home for returning Kiwis.

READ MORE

Resources

We’re here to support returning Kiwi. Here’s our list of resources to help you plan your return and next steps.

READ MORE

Jobs

Looking for a new role in New Zealand? Visit the Kea job portal and find your next career opportunity.

READ MORE

Filed Under: Businesses growing at home, Kiwi coming home Tagged With: Coming Home, DLA Piper, employment law, Law

Kea press release for the results of the Welcome Home Survey

When Kea revealed the potential number and calibre of returning Kiwi expats last year, it caused a sensation among commentators and journalists, who asked; “If that many talented Kiwis return, what could that mean for our nation?”

With the global landscape continuing to evolve, Kea is looking to build on this initial report with the Kea Future Aspirations Survey, intending to flesh out more important detail on our Kiwi explorers, and establish what may be changing for this valuable offshore network. 

The Kea Future Aspirations Survey seeks to: 

  • Understand how world events, including the vaccine roll out, are impacting exploring Kiwi. Are external influences altering their decision to return home, their timeline, and how they feel living away from New Zealand at this critical time
  • Provide an updated view on Kiwi talent around the world, including those looking to return home, what barriers they face and what they might need to thrive
  • Gather the ideas and aspirations exploring Kiwi have to help leverage the current positive global awareness of New Zealand, and how they feel they can best contribute to our nation’s recovery, wherever they choose to reside

“Last September we were delighted that 15,000 Kiwi from around the globe took the time to complete our ‘Welcome Home’ survey, giving New Zealand an essential dataset during a unique moment in time,” says Kea chief executive officer, Toni Truslove.

“This survey showed that a significant number of talented Kiwi were planning to come home in the next two years. 

“Six months on, we want to understand what might be changing for them. Will they still return and bring their talent, their families and their investment, or will they choose to stay offshore, and what factors could influence that decision.  If they do choose to stay offshore how can we still enable them to effectively contribute to New Zealand’s success as a united population? ” Truslove asks.

“The number of Kiwi expats residing offshore is roughly the same size as the population of the South Island. As border restrictions ease over the next 12 months, the decisions these New Zealanders make could have a huge impact on our workforce, our regional communities and our aspirations for the nation,” she said.

Founded in 2001, Kea nurtures a diverse and vibrant community of  Kiwis and friends of New Zealand, with members all across the globe and operations in Auckland, London, New York and Beijing. Kea’s mission is to enable better understanding of our exploring Kiwi through goodwill and connection for the benefit of New Zealand. 

“Kea is uniquely able to reach and connect with a very large and broad group of expats, including those planning to return to New Zealand,” says Truslove.

“All Kiwi, no matter where they are in the world, are important to New Zealand’s success. We are asking New Zealanders to forward the survey to Kiwi family and friends abroad and invite them to take a few minutes to complete the survey, and to get involved!” she said. 

The Kea Future Aspirations Survey has been commissioned by Kea, with research and analysis by leading research agency TRA. The initial report is expected before the end of June.  

If you’re a Kea community member, check your inbox for your exclusive link.
If you’re new to Kea, join to tell us where you’re at and to be first to hear the results.

#KeaCommunity #KeaFutureAspirations

Key findings from the Welcome Home Survey released 9th November, 2020

  • Over 15,000 people completed the survey, from regions including the UK, Australia, US and Canada 
  • 49% are planning to return, with half of those planning to arrive within the next two years
  • 75% of those intending to return plan to stay permanently
  • 75% of respondents have been away for 5+ years, and are primarily aged between 35 and 54

See the ‘Unleashing the Potential of our Returning Kiwis’ report here

For more information contact:

Kea Communications Representative: Ele Quigan 027 773 7779 [email protected] 

About Kea:

Kea is a Public/Private partnership, supported by NZTE, MFAT and MBIE

New Zealand has the second largest offshore community per capita in the OECD.  Kea was founded in 2001 to connect and engage our global people, for the benefit of Aotearoa.

Two decades on, Kea nurtures a vibrant and diverse community who share a strong passion for New Zealand and the success of its people and businesses.

Our mission to connect New Zealanders has never been more important.

Filed Under: Global Kiwi, Kiwi coming home Tagged With: Coming Home, Economic Recovery, economy, Future Aspirations Survey, Growth, opportunity

Paint

While working through Jess’s relocation plan with her prior to departure from the UK, she threw a question at us we’d never heard before. ‘Can I bring my watercolours through New Zealand’s strict border controls?’

Luckily the answer was yes, and we discovered painting was to be her answer to the long hours ahead in MIQ.  Here’s’ what Jess told us:

“Learning watercolour was my new hobby during the UK lockdowns. I can spend hours following YouTube tutorials designed for beginners without realising where the time has gone. Our MIQ facility has given us so much vibrant fresh fruit I couldn’t resist attempting a fruity still life! Watercolour is perfect as it takes up very little room in your suitcase, makes almost no mess, and all you need in the room is a glass or cup for water and some loo roll!”

Engage through photography

Returning Kiwi Amanda works in the creative industries so it was no surprise when she posted a stunning sunset picture from her MIQ hotel and challenged those on the outside to better it.

As a solo traveller, social media was a key support for Amanda during the two weeks in a hotel room by herself.

Through the photo share she connected with friends who hadn’t caught up with her return, and got to see a stunning array of images from all over New Zealand.

Equipment required?  Nothing more than a phone.

Create for the wider community

Numerous clients have sent us pictures of their MIQ window art, which is also evident to anyone driving past a managed isolation facility.

Materials range from post-it notes through to drawn images and collage cut-outs.

If your suitcase can’t accommodate bringing these supplies, order online from Warehouse Stationery as soon as you arrive and it will be in your hotel room by the time you’ve beaten jetlag.

Food art

Meals are a highlight of MIQ, mainly because there’s not much else going on! 

We’ve seen some hilarious and creative responses.  From illustrated food-bags, through to the chef who dissected and recreated each breakfast, lunch and dinner as plate art.

No specialist equipment needed except imagination, and perhaps a pen.

Kids gratitude art

If your MIQ bubble includes younger family members, drawing can be a great distraction, and connection point for them. 

Parent of three, Amanda Sadlier, had her children making gratitude art to stick on their door to brighten the day of the nurses, food delivery staff and other hotel workers who looked after them so well. 

All this required was some paper and felt pens which had been easily slipped into the luggage, and Amanda explains how the activity gained wider significance for their family.

“It wasn’t until we saw MIQ staff coming around to photograph the art for their colleagues that we realised their job is essentially to ‘serve’ meals to closed doors all day. We were grateful for all they did for us and happy to introduce some humanity into the tense environment.”

Thanks to our partners at Mobile Relocation for this piece.

CONTRIBUTOR

Bridget Romanes

Principal

Mobile Relocation

Kea member


COMING HOME?

Join

Join the Kea community, NZ’s online home for returning Kiwis.

READ MORE

Resources

We’re here to support returning Kiwi. Here’s our list of resources to help you plan your return and next steps.

READ MORE

Jobs

Looking for a new role in New Zealand? Visit the Kea job portal and find your next career opportunity.

READ MORE

Filed Under: Kiwi coming home Tagged With: Coming Home, Family, Managed Isolation

Why do we need a Small Business Digital Boost programme?

McKinsey estimated that in an eight week period COVID-19 accelerated the adoption of digital services and behaviours five years.  For many around the world this digital acceleration continued.  However, as NZ has been more protected from the ongoing impacts of COVID-19, we are now seeing NZ business fall behind our global counterparts.  For example, 80% of businesses in the US now use at least one cloud-based digital service, whereas in NZ it’s only 20%. It’s urgent that our small business community keep up with this global digital leap forward, or they’ll find it increasingly hard to keep up with the market and international e-commerce. 

Whether it is the $6.2 billion additional annual GDP that Xero and NZIER estimate will result from a 20% increase in cloud computing alone, or the $46.6 billion annual increase that Google estimates would be the result if New Zealand fully leveraged digital by 2030, there is a clear link between the adoption of digital ways of working, living and conducting business, and New Zealand’s economic recovery from the effects of COVID-19.

However, beyond COVID, there are significant sustainability and well-being benefits associated with the idea of a ‘Digital Aotearoa’. Digitalisation will make businesses and government more productive and enables both to take advantage of cutting-edge advances in technology and innovation. Those technologies facilitate domestic and international commerce without travel or contact, grow weightless goods and services exports, and support New Zealand’s emission reduction goals. It will also help New Zealanders live and work in a more sustainable and resilient way, and with a better work-life balance.  

For example, many Kiwi workers are choosing to work some time at home to reduce carbon emissions and be there for their families. And a 2020 Xero Small Business Insights report found that generally those small businesses using five or more digital apps in managing or operating their business experienced a one-third smaller drop in revenue and 40% fewer job losses than other small businesses during the COVID-19 crisis.

Self-employed and small businesses represent 97% of New Zealand’s business sector and employ more than 630,000 people.  Our small businesses can be the engine-room for adaptability, innovation, change and economic development. Accordingly, the government has initiated, working in partnership with small Kiwi tech businesses, the Digital Boost programme to accelerate the digitalisation of New Zealand small businesses and their people.

What is the Digital Boost programme?

Digital Boost is a government-funded programme focused on promoting and supporting more small business owners and their workers to make greater use of digital tools and adopt digital ways of working or conducting business.

The Digital Boost Skills Training and Support initiative is one of many initiatives across government focused on building digital confidence. This initiative is specifically focused on small businesses and tourism operators.  

MBIE has a large amount of research and insights into the rate of small business digitalisation, including some of the barriers to adoption. Small business owners told us they were time poor, required more skills and knowledge to access the benefits of digital, and wanted to make sure they are investing in the right tools and technology. They also wanted to see what other business owners in their own industry are doing. With these insights in mind, the Digital Boost programme was designed in partnership with the private sector, industry experts and small businesses to ensure it met the needs of small businesses.

The key initiatives in the Digital Boost programme are:

  • Digital Boost Skills Training and Support – This initiative offers a range of free online courses on how to become a digital business. It aims to build on the skills, confidence and trust required to help small business owners realise the benefits of working digitally and/or with digital tools. The training is available to any small business who has begun to explore the digital world and wants to know “what good looks like”. MBIE partnered with the private sector to deliver this platform with a consortium involving leading Kiwi tech businesses (The MindLab, K&J Growth and Indigo)
    Visit: www.digitalboost.co.nz.
  • Digital Boost Spotlight Series – These videos spotlight a range of small business owners who have recently transformed their business by adopting digital tools and digital ways of working. The businesses share their experiences to benefit other small business owners.
    www.business.govt.nz/do-business-online/digital-boost.
  • Digital Boost Directory – The Right Tool – The Right Tool is a New Zealand digital applications and services marketplace that brings together a range of digital tools, technologies, products and services into a central place so small businesses owners can easily find what’s most suited to their needs. Businesses owners can also find ratings and evaluations of the various apps and digital tools. 
    www.therighttool.co.nz.

Are there any fundamental roadblocks remaining that continue to get in the way of New Zealand businesses going digital?

We tend to consider roadblocks as ‘barriers’ – and through our Better for Business Insights (December 2020), generally speaking, no one barrier appeared to stand out – with the majority of businesses seeing digital tools as relevant.

The main stated reason was a concern about internet security or fraud (32% agreed or strongly agreed). However, their own skills and concerns around cost, followed by not having enough time were the other main barriers. We have designed the modules within the Digital Boost Skills and Support platform to help address these barriers.

Another challenge faced by small business is finding suitable digital business advice, where many in the market are either tech people who aren’t strong in practical business or business people who don’t have sufficient working knowledge of the latest digital tools.

What are the consequences for SMEs of avoiding digitalising their business? 

There is a risk that Kiwi businesses think things will “go back to normal” when the COVID crisis declines.  However, the rate of digital acceleration around the globe will mean that expansion of e-commerce, digital banking, e-invoicing and general digital ways of working will be here to stay.  Customers are expecting the same levels of bespoke, responsive and adaptive service delivery that comes with digital business practices and data analytics.  Future workers will also have changing expectations and technical skills that will lead to differing work environment and technology expectations.

There has been a significant increase in internet shopping and social media marketing has become the common expectation. Having a clear understanding and profile of your customers enables constant adaption to their changing preferences.  Businesses that don’t engage cloud-based project management and other productivity tools will find that they will not be able to compete in the near future.

The Digital Boost Skills Training and Support programme has been divided into six streams. How did you identify which topics/themes to focus on? 

The six streams represent digital tools, websites, digital marketing, accounting, customer insights & business growth and future tech, and were developed through three different, cross-referenced sources.

The insights came from reoccurring themes of priority identified through a cross section of reports commissioned by New Zealand associations, agencies and private enterprise including MBIE, Xero, Yellow, BNZ, TUANZ, NZTech etc.

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Secondly, The Mind Lab had significant experience in developing digital skills for the workplace and for small business owners through their microcredential in Digital Skills. This credential gained direct insights from the local SME market and the key areas of focus needed to assist these businesses adopt more digital tools, processes and channels.

Thirdly, the review of data from Google search terms and the analytics of the data showed us the categories that businesses were seeking advice from third party suppliers.

The six categories are high level focus areas that each contain many sub categories and learning modules. For example the category dedicated to Websites includes learning modules on Developing websites, Domain names, Search Engine Optimisation, E-commerce, Branding & Design and Communications and Autoresponders.

Content in each category is constantly evolving with new additions every month, with well over three hundred videos already available for business owners.

We also recognise that different businesses will be at different stages of their digital adoption journey, and the skills training initiative caters for this.

You’re four months into the Digital Boost campaign, what are you noticing that participating businesses are finding the most valuable so far?

The Digital Boost Skills Training and Support platform is where the training takes place – and we have some really good insights from participating businesses:

  • Users have told us they really enjoy the bite sized nature of the learning content. It’s relevance for small businesses and the ability to fit learning journeys around other work or commitments.
  • The variety of learning content and the mixture of ‘how-to’s’, real-world stories and Q&A sessions is providing the variety and optionality users are looking for. The ability to watch the Q&A sessions later under the ‘In Case You Missed It’ section has had super positive feedback as well. 
  • Support is available 7 days a week and has allowed some users to tap into resource at a time that suits their availability alongside running a business. We see the greatest opportunity is the pastoral care wrapped around the programme – so small businesses can take that next step – whether it be growth or other positive change.

In terms of the content on the site – we have quite a varied experience level in our user base which we expected. For those starting out on their digital journey, they don’t generally know where to start its overwhelming! A number of users have commented on the relatability of the content and how we are guiding them through. These users generally start at the beginning with topics such as ‘The Basics of Branding’.

For those already on the journey, they are generally going to specific content that fits in with their digital plan. For example, those who already have a website may be interested in social media strategy. 

How are you planning on measuring longer term success of the programme? What are three of the key indicators that you’re looking at having an impact on? 

We are undertaking both comparative and longitudinal research to gauge the success of the programme – and to specifically look at:

  • Changes in digital capabilities and behaviours of businesses.
  • Differences between participants and non-participants of the programme
  • Any relationships between digital behaviours and business productivity, wellbeing and satisfaction.

Some of the key indicators include:

  • Digital index score – a measure out of 100 of both usage and attitudes towards digital tools – to objectively measure to what degree businesses enhance their digital capabilities
  • Financial performance – can we identify any links between digital capability and productivity?
  • Wellbeing metrics – previous research illustrated a relationship between digital capability and positive wellbeing of business owners/managers.
  • Satisfaction with business performance – ie. does being more digital help owners feel more satisfied in how their business operates in general?

Read our interview with the Mind Lab founder Frances Valintine about their involvement in the Digital Boost programme here.

Read Craig Hudson’s piece on why we need to get technology in the hands of small Kiwi businesses here.

CONTRIBUTOR

Malcolm Luey

Policy Director – Digital, Small Business & Strategic Programmes

Ministry of Business, Innovation and Employment

Kea member

Filed Under: Kiwi coming home, World changing Kiwi Tagged With: Coming Home, media, Peter Bale

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