Staying home? Check your rights
Anuja Nadkarni looks at the workplace implications of the kind of wild weather that has pummelled the nation.
As tropical storms continue to rip through the country, we look at how your employment relationship and rights might be affected.
Dundas Street employment lawyer Blair Scotland said that although some rights of workers depended on the nature and resources of the employer, employers were also bound by legal obligations.
What if I’m willing and ready to go to work but the business is closed?
Scotland said employers had to pay workers if they were ‘‘ready, willing and able’’ to come to work.
If the worker was able to go to work but the employer closed the business because of severe weather, the employer would still be obliged to pay the worker.
Scotland said employers had to ensure a safe and healthy workplace and it was good practice for many to encourage their employees to work from home.
‘‘It’s common for most white-collar professionals or office workers to work from home, but if you work in hospitality or retail and want to work but [can’t], then you still should get paid,’’ Scotland said.
Can I be forced to take annual leave?
Some employers may ask their employee to take annual leave.
If both parties agree, there’s no problem. But Scotland said that, under the law, employers were required to give employees at least 14 days’ notice before asking them to take annual leave.
My workplace has been severely damaged. Will I still be paid?
If the workplace is damaged but the employee is still willing to work, the employer had an obligation to pay, Scotland says.
However, if your workplace was hit by a cyclone so strong that it destroyed it entirely, it could be a significant enough ‘‘act of God’’ to end the employment relationship, he said.
I’m an Uber driver/gig worker. Can I still go to work in a cyclone?
A spokeswoman for Uber said that the safety of its drivers was a priority, but it was up to them to make a call on when to take breaks.
Uber surges its prices in wet weather, enticing drivers to get out on the road.
Scotland said drivers ultimately had to follow road safety and warnings from the New Zealand Transport Agency or the police.
He said self-employed gig workers would be responsible for their own health and safety.
The buses and trains are running but I don’t want to risk going to work. Can I still get paid?
If the employee was able to go to work but chose not to, the employer was no longer obliged to pay them, Scotland said.
However, for issues such as school closures or other commitments that got in the way, it was up to the employer and employee to sort out an agreement.
According to the Ministry of Business, Employment and Innovation, if the employee did not want to use their annual leave, the day away from work would be unpaid.