A raft of changes for employers once more

What’S next for employers now the COVID-19 Protection Framework Is GONE

The Government’s announcement on Monday has shifted the rules for employers again. The COVID Protection Framework has now been scrapped, mask mandates are gone (except in a health context) and vaccine mandates will end on 26 September 2022.

We also have a new monarch, and a one off public holiday to manage on 26 September to mark the passing of Queen Elizabeth II.

So, what do employers need to know and do differently from this point on?

There are fewer blanket Covid rules – so what can you ask of your staff?

With the end of the traffic light system, individuals are no longer required to wear masks, unless in a healthcare setting (excluding counselling and addiction services). Household contacts of COVID cases also no longer need to isolate, but instead are recommended to test daily for five days. Confirmed cases must still self-isolate for seven days.  All vaccine mandates will also end at 11.59pm on 26 September.

This loosening of the rules means it is timely for employers to look at their own risk assessments for health and safety. While most businesses will be delighted to see the back of mask use and isolation requirements, for others, health risks may remain due to the nature of their clientele or needs of their staff.

Businesses that have conducted a thorough health and safety risk assessment may still be able to require their staff or customers to wear masks, or be vaccinated – but with the loosening of general public health guidelines around these, the threshold for these actions to be justifiable will be higher. It is important that businesses make sure the wording in their employment agreements and applicable policies is still relevant for today’s environment before relying on them to enforce behaviours required of staff. 

What happens to staff that were terminated for not being vaccinated, now that the mandates have lifted?

Businesses are not obligated to re-employ staff members whose employment was terminated due to not being vaccinated, at the time the vaccine mandates were in place. However, for some businesses who have struggled to find enough staff, there may be an opportunity to re-engage with those people and bring them back into the team. Remember, if doing this, you’ll need to make sure employees sign a new employment agreement before they start work.   As they are not “new” staff, employers don’t get the benefit of a 90 day trial period.

Now is a good time to update your employment agreements

We’ve seen a lot of change in employment law over the two years, and a lot of employment agreements that have not quite kept up! Now is a good time to make sure your agreements include the Matariki public holiday; King’s Birthday weekend; 10 days’ sick leave; and review any mention of vaccination to make sure it fits the current health guidelines and your business’ updated health and safety risk assessment.

One-off Public Holiday

Lastly, the Government has announced a one-off public holiday on Monday 26th September to allow people to pay their respects to the late Queen Elizabeth II.

There are no shop trading restrictions on this public holiday, so shops may remain open. Public holiday requirements under the Holidays Act will apply. Given the short notice of this holiday, it is worth getting in touch with your pay roll team/provider to ensure they have the capability to manage the change in rosters/pay this may require.

How can we help?

If you need assistance reviewing your employment agreements, advice about health and safety risk assessments or any other employment matter, our experienced specialist employment law team will be happy to help. You can view our Employment Law team here.

WRMK Lawyers takes all reasonable care to make sure that the information in this article is up-to-date and accurate at today’s date. It is necessarily general information and not intended as legal advice to be relied upon.

Our thanks to Kezia Purdie for writing this article.

Keen for an employment law health check?

An Employment Law Health Check (EHC) stops issues before they get out of hand. It’s an essential and cost-effective way for business owners/managers to reduce risk.

During an EHC, an experienced WRMK employment lawyer will meet with you and take you through a questionnaire to determine your organisation’s level of employment law compliance.

We will then provide you with a written report outlining your organisation’s level of compliance and what is required to bring you up to speed, all for a very cost-effective fixed fee.


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