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Text equivalent: Workplace Affairs – the ERA

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Scene One – Management has issues

Actors:
Ariana, Tu.

Setting:
Naturally Baking Limited – Ariana’s office.

Props:
small round table, two chairs, water glasses, folders, a computer and workstation in background.

Smiling and greeting, Ariana:
Kia ora Tu. It’s good to see you again. How’s the family?

Tu:
Kia ora Ariana, the family’s doing well. How about your lot?

Ariana:
Much the same. How’s your golf handicap going?

Tu:
Oh, rising steadily – like my age!

Laughing together, Ariana:
Thanks very much for coming in to help us get our HR practices ready for the expansion.  I understand you’re a contractor, not an employee. Is that right? 

Tu:
Yes, that’s right Ariana. I’ll just bill you for the hours I work. It’s called a contract for services. 

Ariana:
Cool.  As you know, we need to expand our business to meet the increased demand for our products, so we’re recruiting new staff. Up till now we’ve employed family and friends, but we realise we need to change our processes to recruit and employ people from outside our small circle.

My business partner Pieter will manage marketing, sales, orders, and customer relations and his father, Dave, will be managing finance and HR. I understand you can help us analyse our staffing situation and prepare us for any issues that may arise. 

We’ve already had issues with our recruitment. We were accused of being racist when we didn’t appoint a person who thought they should have got the job.

Tu:
Racist! That’s not good for business! I hope you were clear about the position and person specifications, and why the person didn’t meet them? 

Ariana:
Of course! He was applying for the driver position but he didn’t have a heavy vehicle licence. We told him we needed someone with a heavy vehicle licence. It’s common sense!

Tu:
Well, I think we can safely say we won’t be hearing from the Human Rights Commission over that one! Discrimination is when one person is treated differently from another in the same circumstances. He can’t say he didn’t get the job because of his race when you clearly demonstrated he didn’t meet the job requirements. He was treated the same as everyone who applied. I’ll send you a ‘plain-English’ Human Rights Act for the future. But it may be useful for any further cases if you have a look at the Human Rights Commission website. 

Were there any other problems around recruitment? 

Ariana:
An applicant asked me how old you needed to be to get the job. I was really confused by that.

Tu:
What did you tell them? 

Ariana:
I told them we wanted someone between 20 and 30. But Dave was asked the same question and he said it didn’t matter what their age was as long as they could do the job.

Tu:
Dave’s was a good answer. You can’t discriminate against someone because of their age, but the Act is limited to people 16 years and over. You could turn down a 15-year-old for the job, but it’s important not to mention age in your advertisements, or show preference when filling a position. There are a number of other areas covered by the Act where you can’t show preference, such as gender and disability. 

What other positions are you recruiting for?

Ariana:
We’re employing more packers and ‘pickers’ of packed products, a local delivery driver using the company truck, a forklift driver for the new warehouse, an accounts administrator, a part-time administration assistant, and a warehouse manager.

Tu:
That’s a diverse range of people to recruit! There are a number of issues that may arise.  Are you aware of the Employment Relations Act? It’s had quite an impact on employment relations in New Zealand. 

Ariana:
No. I’m aware that things have changed a bit, and I need Dave to get up to speed with this. 

Tu, I wonder if you could give us an ‘ERA for Dummies’?

Tu:
Sure. I can give you a simple explanation of the Employment Relations Act to help you get the big picture. It’s important for you, as managers, to familiarise yourself with it. The ERA is about your rights and responsibilities as employers, and the rights and responsibilities of your workers. 

I’ll send it to you with the Human Rights Act.

Ariana:
Great! That will be really useful. 

Tu:
There are a couple of useful websites too. One is the legislation.govt.nz website that has all the New Zealand statutes. The other is the Department of Labour’s Employment Relations site that has lots of information for employers and employees.

A number of other Acts also impact on you as employers. You should get copies for your bookcase. They’re always useful.

Ariana:
Thanks Tu, that’s great. Give me some time to read the information you’re sending, and I’ll get back to you with any questions. Okay?

Tu:
Yep, that’s great. I’ll send you those documents when I get back to the office.

Last modified on 19-Dec-2006 17:18 | About NZ OER project

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