New Zealand’s Magazine for Human Resources Professionals Autumn 2022

How COVID-19 has

transformed HR
practices in NZ
Omicron in the workplace
Practical changes as a result of COVID-19
COVID and talent in 2022
Humanise______________ the performance
management process
Boost engagement, raise morale, and elevate
the overall employee experience with a
performance management process that
speaks to your unique culture and people.

Download now

Build high
performing_________________ tea
m s
p e r fo r m ance
A toolkit for
humanising

Why
your perfor

atters____________
mance

m
managemen

e m e n t t process.

manag ce review
was built
in

iti on al per forman l st ru ct ures, and

The trad ganizatio
na
is approac
h
to rigid or evolve, th
response ce co ntinues to od er n
kfor r most m
as the wor tdated fo e
n to be ou of employe
has prove or d in g to a review re e th at
ions. Acc rongly ag
organizat ployees st at motivat
es
2 in 10 em in a way th
polls, only ce is m an ag ed
rm an
their per fo ing work.
o outstand
them to d
d clear.
curate, an
F I G 1. H U
MANIT
be fair, ac
Y AT W O
RK
ey ’re
reviews to the way th
ct pe rformance ye es consider
ex pe lf of em plo nscious
Employees at less th an ha
a numbe r of un co
s reveal th e are also ws. As a re
sult,
But survey or transpa
rent. Ther
urate revie
to be fair lea d to inacc iving the
evaluated addresse
d, ca n
ey ’re no t rece
at, if left un s since th
biases th for succes
ing set up
are not be prove.
employees they ne ed to im
e feedback views
actionabl rmance re
s find perfo ance
d manager to perform
m os t em ployees an ated ap proaches
What’s mor
e,
re ss fu l. Outd ca n low er
and st ent th at
consuming enchantm to a
to be time- ute to feeli
ngs of dis . According
ent contrib rformance ty
managem iro nic all y, lower pe ve a ne gative six
ent and, systems ha
engagem agement hmarks,
employee ce m an to be nc
performan according
Deloitte, eans that despised
than
study by S). That m
e (-60 NP age, more
oter scor are, on aver ance plans
net prom ement sy
stem s
he alth insur
ce m an ag rs , an d
performan ice provide
ernet serv
panies, int
cable com
mpa ny .
within a co ions are
organizat
y so many easy
to see wh e several
his to ry, it’s easy na te ly, there ar
With this
fraug ht
eir st ra te gy. Fo rtu
drive re al results.
ing th and
and rethink ovements
evaluating ocess impr
to make pr
nable ways
and actio

The Employee Experience Platform cultureamp.com

 MANAGING EDITOR
Kathy Catton
Ph: 021 0650 959
Email: kathy.catton@hrnz.org.nz
ADVERTISING & SPONSORSHIP
Steve Sheppard

From the Ph: (04) 802 3954

Email: steve.sheppard@hrnz.org.nz

editor DESIGN
Selena Henry, Crux Design
Ph: 022 417 6622
PROOFREADER

I t’s hard to believe two years have
passed since New Zealand entered
its first pandemic lockdown this
autumn. And HR has been at the
heart of this health crisis. COVID-19
forced almost every organisation
to become deeply self-reflective.
Initially driven by the need to keep
the workforce safe, HR professionals
are now sifting through longer-
term organisational issues, such as
fundamental ways of working, how to
best collaborate and how to enable
leaders to support the productivity
and wellbeing of all employees.
This issue of the magazine explores
how COVID-19 has changed the
workplace forever and how HR has
been transformed in the process.
‘What changes will be more
permanent?’ and ‘How can we guide
our employees and leaders through
these changes?’ are just some of the
questions we are seeking to answer.
Top of the list right now for many
organisations is how to attract and
retain talent. Rob Bishop, from Bishop
Associates, provides a fantastic
insight into what organisations can
do to keep their calm in this arena,
even amid this uncertainty and
turmoil. Anne Wilson, from Anthony
Harper Lawyers, provides a practical
guide of what HR professionals
can be addressing at this time of
flux, and Lauren Parsons shares
her tips for building resilience and
preventing burnout.
Thank you to all our wonderful Jenny Heine
contributors. It’s fantastic to see the Email: jenny@heine.co.nz
magazine going from strength to SUBSCRIPTION ENQUIRIES
strength in providing relevant, timely Email: comms@hrnz.org.nz
and practical advice and articles to
our HR community.
Kathy Catton
Managing Editor
PUBLISHER
Kathy.Catton@hrnz.org.nz
Human Resources is published quarterly
by Human Resources New Zealand
PO Box 11-450, Wellington
Ph: 0800 247 469
comms@hrnz.org.nz
hrnz.org.nz
nz.linkedin.com/company/hrnz
instagram.com/hrnzphotos
The views expressed in Human Resources are not
necessarily those of Human Resources
New Zealand, nor does the advertisement of
any product or service in this magazine imply
endorsement of it by Human Resources
New Zealand.
Copyright © Human Resources New Zealand Inc.
Vol 27 No: 1
ISSN 1173–7522

AUTUMN 2022 HUMAN RESOURCES 1

 ENQUIRE
NOW!
Steve Mooney
Membership Manager
steve.mooney@hrnz.org.nz

Got a team of 5 or more?

HRNZ Organisation Membership is ideal
Consolidate your team’s membership into a
simple, single package
• Transfer membership when staff members leave or
change roles
• Discounted membership rate available
• All staff get access to the Human Resources
magazine and HRNZ Member discounts for
HR101 and HR Foundations courses
($200 – $400 pp.)

2 HUMAN RESOURCES AUTUMN 2022


Top of mind
T his issue of our Human Resources
magazine reflects on how
our response to the COVID-19
pandemic has changed New Zealand
workplaces. It’s good to take a
moment to reflect on that. The effects
on workplaces have been many,
and it’s easy to lose sight of some
of them. It’s not just about working
from home and flexible working; we
have a whole new focus on employee
wellness, digital collaboration has
advanced exponentially, and we’ve
had to come up with new approaches
to finding and developing talent.
If the COVID-19 pandemic has
changed workplaces, it has also
changed the role of HR professionals.
Our members have had to learn
many new things and develop new
skills to keep up with the changes.
This happens all the time, but lately
we’ve seen a massive acceleration in
our need to learn and adapt.
In 2022, HRNZ will be undertaking
a major review of the competency
framework that underpins our
professional framework and service
offerings to members. It’s a critical
project for the organisation; after all,
our members rely on us to provide
services that support them today and
prepare them for the future.
We’re not doing this just because of
changes in the past two years. Our
current framework was developed
more than 15 years ago. The world
has moved on.
FROM THE HRNZ CHIEF EXECUTIVE
We’re also keen to ensure our
framework reflects the unique nature
of our country, culture and people.
we need to show up in the future
to add the best possible value in
our workplaces.
It’s always good to look far and wide
With these principles in mind, we’ll
for inspiration, but we always have to
seek to involve as many members
remember New Zealand workplaces
as possible in our review. We’re not
can be slightly different from global
sure what any resulting ‘competency
examples we might look at.
framework’ might look like, but,
HRNZ has been working on how to actually, it’s how we arrive at it that
develop a more bicultural approach will matter the most.
to HR practice in New Zealand, and
“It is good to have an end to
incorporating this thinking into the
journey toward, but it is the journey
review is important.
that matters in the end.” – Ernest
As we go through the journey Hemingway
of reviewing our framework, we
will be keeping in mind three
main principles.
The first is accepting that, as the Nick McKissack
HR profession moves forward, we Chief Executive HRNZ
will need to leave some things Nick.McKissack@hrnz.org.nz
behind. There are potentially skills or
processes we’ve had in the past that
have served us well but may hold us
back as we move into the future.
Secondly, we’re keen to ensure we
weave together the ideas that will
best work for us in the future. This
could be weaving together the tried
and true from the past with things
we need in the future. It could be
bringing together the best of global
thinking with what works for a
New Zealand context.
The final principle is to recognise that
shaping the future of the profession
is a collaborative effort. It’s about the
whole HR community in New Zealand
coming together and deciding how
AUTUMN 2022 HUMAN RESOURCES 3
In this issue
10 Omicron in the workplace
Managing editor Kathy Catton clarifies employer
obligations and answers practical HR questions
16 Practical changes as a result of COVID-19
Anne Wilson, partner at Anthony Harper Lawyers,
outlines what’s changed with how we work in HR
24 COVID-19 and talent in 2022
Rob Bishop, from Bishop Associates, offers
insights into what will help with the ongoing
war for talent
34 Building resilience in the workplace
Lauren Parsons provides five ideas for
building a resilient workplace culture

16
10

24 34
4 HUMAN RESOURCES AUTUMN 2022
Shaping the profession 42 Research Update
Evolving the HR practitioner role from the COVID-19
1 From the Editor experience – Paula O’Kane summarises the research
Kathy Catton on how COVID-19 has led to a change for the
HR role
3 Top of Mind
Nick McKissack CEO HRNZ 44 Am I Managing?
Natalie Barker, Southern Cross Health Insurance,
6 News Roundup shares her heart-warming insights into being
The latest news to keep you up to date a manager

14 Sustainability
Going green through the red light – Bridget Williams
from Bead and Proceed unpacks how to weave
sustainability through your business
22 Employment Law Update
Managing Omicron – Jack Rainbow, from Dundas
Street Employment Lawyers, examines the workplace
challenges when facing Omicron
28 HR Technology
HR Tech and the new world of work – Stephen
Moore, from Ceridian, asks what role HR technology
plays in our pandemic world
32 Immigration Law Update
Border reopening: The devil’s in the detail – Rachael
Mason, from Lane Neave, looks at what HR can
expect as the country’s reopening gets under way
People Powered Success
8 HRNZ Member profile
Catherine Foljambe in the limelight
30 Diversity and inclusion
How to become inclusive and diverse – Solary Ha,
from George Weston Foods Baking, shares
her learning along the path to greater inclusion
and diversity
40 Professional Development Spotlight HR
Foundations: Redesigning the workplace
Denise Hartley-Wilkins explores topics covered in
the HR Foundations course, specifically pandemic-
enforced HR changes

38 Case Law Review

Vaccine mandates: Can dismissal be justified?
– David Burton, from Cullen Law, details recent cases
to provide guidance in this unchartered territory

28 40

22 44
AUTUMN 2022 HUMAN RESOURCES 5
NEWS ROUNDUP
HR Trends Survey
C onducted by HRNZ’s Academic
Branch, the inaugural HR
Trends Survey was conducted for
the first time in quarter 4, 2021. This
survey will be carried out annually to
provide a longitudinal study of HR
issues and trends in Aotearoa,
New Zealand.
With input from 178 respondents
located across the country,
representing businesses (60 per cent),
the public sector (25 per cent) and
not-for-profit organisations (15 per
cent), this first survey has given an
excellent insight into the matters front
of mind for HR professionals in 2021.
Consultation begins on income
insurance scheme
T he government, Business NZ
and New Zealand Council of
Trade Unions announced a proposal
in February of a New Zealand
income insurance scheme, to help
support New Zealanders who
are made redundant or have to
stop working because of a health
condition or disability.
The proposed scheme will support
workers with 80 per cent of their
income for up to seven months if they
lose their job through no fault of their
own. Like ACC for accidents, the
scheme would be funded by levies
on wages and salaries, with both
workers and employers contributing.
6 HUMAN RESOURCES AUTUMN 2022
Workforce recruitment and retention
were among the highest issues
for HRNZ members in 2021, with
These insights provide a great starting
point for conversations with senior
leaders within the organisations we
employee wellbeing, management serve, as the profession continues to
development and workforce training move away from its traditional role as
also featuring highly. compliance and process managers
to people enablers and organisation
Related to this, respondents shared
developers.
the growing emphasis on ‘resiliency
and ability to adapt, operate in The full survey results can be
a changing environment’ and downloaded here.
on managers having ‘soft skills –
adapting to the workforce of today,
dealing with issues and having the
important conversations be they
positive or negative’.
It is estimated the levy would be
1.39 per cent each for workers
and employers.
For more information, or to make
a submission, go to the Ministry
of Business, Innovation and
Employment website.
Administered by ACC, broad
coverage would be available for
different working arrangements and
would include an option to extend
support for up to 12 months for
training and rehabilitation.
A consultation process has started,
because the government, BusinessNZ
and New Zealand Council of
Trade Unions are keen to hear
from businesses, workers and the
self-employed on these proposals.
Submissions close on 26 April 2022.
Border to reopen in stages
W ith a gradual reopening of
New Zealand’s border this
year, businesses can see the light
at the end of the tunnel, following
clarity from the government on when
New Zealand’s border will reopen
and for whom.
The border has reopened to
vaccinated New Zealanders
from Australia on 2 March 2022
and will reopen to vaccinated
Māori recognised as telecoms sector
A historic agreement,
recognising Māori interests in
telecommunications, was signed in
February. This agreement, designed
in partnership with the Māori
Spectrum Working Group, is an
opportunity to build Māori capability
in this growing sector.
Minister for Māori Development
Willie Jackson says this agreement
Increase in minimum wage from 1 April
F rom 1 April this year, the minimum
wage will increase by $1.20,
6 per cent, bringing it to $21.20
per hour.
Workplace Relations and Safety
Minister Michael Wood confirmed the
increase in February, saying it would
positively affect about 300,000
workers. “For someone working a
40-hour week on the minimum wage,
this increase will see them earning
New Zealanders from anywhere in
the world from 13 March 2022. From
October 2022, all visa categories
will reopen, including visitor and
student visas.
MIQ will be removed for most
travellers in a phased reconnection,
being replaced by self-isolation and
tests on arrival. MIQ will remain in
place for the unvaccinated.
is a fantastic opportunity not just for
Māori but the whole of Aotearoa,
New Zealand.
“This is a great stepping-stone for
Māori and the Crown to reach
an enduring agreement which
recognises Māori interests in this
kaupapa. I am delighted we are
moving forward on this, and with an
inclusive approach, to create greater
an extra $48 a week, and almost
$2,500 more each year,” he said.
The starting-out and training
minimum wage will also increase
from $16 to $16.96 per hour. This
comes after inflation hit its highest
level in 30 years, and unemployment
was at a record low of 2.3 per cent
for the three months ending
December 2021.
The five-step plan, announced by
COVID-19 Response Minister Chris
Hipkins and Immigration Minister Kris
Faafoi, brings forward the reopening
of key visa categories to address
worker shortages.
For more details on this five-step
plan, please go to page 32 for
Rachael Mason’s Immigration
Law Update.
opportunity for all New Zealanders,”
Willie Jackson said.
To carry out the commitments in
this agreement, a permanent Māori
Spectrum entity will be established.
Further information will be made
available later this year.
In September, the Living Wage
increased to $22.75.
The New Zealand Council of Trade
Unions President Richard Wagstaff
said unions had hoped for more.
While BusinessNZ Chief Executive
Kirk Hope said businesses were under
extreme pressure from rising costs,
and they had little time to get ready
for “a big increase to the minimum
wage, at very short notice”.
AUTUMN 2022 HUMAN RESOURCES 7
HRNZ MEMBER PROFILE CATHERINE FOLJAMBE
HRNZ member profile
Human Resources magazine
caught up with Catherine
Foljambe, New World HR
Business Partner at Foodstuffs
North Island. She shares insights
here into her key achievements
and offers practical advice for
Members. At the time of writing,
she was midway through
helping New World stores
review how to ensure they are
providing a safe workplace
during the pandemic.
What are the highlights of
your career to date?
I started my HR career in Australia in
a finance start-up that went from 19
to 130 people in 18 months. It was
such a whirlwind experience and so
exciting to be in an HR role that was
growing at such speed. Soon after, I
travelled to the United Kingdom and
was fortunate enough to continue
working in HR while on my OE. It’s
now been seven years since I came
home to New Zealand, and I’ve
been lucky enough to have worked
for some great companies, such
as Goodman Fielder, and several
businesses within Fletcher Building.
I currently work for Foodstuffs North
Island, where I partner with the
New World store owner–operators
across the North Island as their
HR business partner. I consider this
the best role I’ve had to date! We
have 103 New World stores across
the North Island, with the smallest
store employing 35 people and the
8 HUMAN RESOURCES AUTUMN 2022
largest store employing 285 people.
I have some fantastic conversations
with owners and store managers
around team member development,
succession planning and engagement
and retention.
If anyone is considering
being a mentor, I would
highly encourage you to
join the HRNZ mentoring
programme. You never
know whose career you
can help shape!
What inspires and motivates
you in your career and why?
We spend so much time in our jobs,
it’s vital we enjoy what we do and
that we’re in a good environment. I
get excited about engagement and
improving the employee experience.
If we can change someone’s attitude
about turning up to work in the
morning from being ho-hum to being
excited about what they’re going to
do that day, it’s a win! Being able
to positively influence someone’s
attitude can benefit their team, their
work and, ultimately, the business.
Sometimes people think, “Oh, I
just work in a supermarket”, but
our industry has a range of career
opportunities, such as progressing
into store leadership roles and
store ownership.
I work with owners who started on the
shop floor early in their careers and
were mentored and developed to the
leadership positions they hold today.
It’s rewarding to be part of those
journeys as an HR business partner,
and I love seeing our owners help
their team members develop new
skills and see their confidence grow
as a result.
What do you see as the
challenges facing the
industry right now?
Industry wide, responding to the
challenges of COVID-19 would be
one of the main issues everyone
is facing, along with finding and
retaining talent and diversity.
If you ask any of our owner–
operators what they need the most
support with, their answer would
be ‘recruitment’. There’s such a
talent shortage for butchers and
bakers and those wanting to start
apprenticeships, in addition to all
the other roles that exist in every
supermarket. In our industry, it has
become normal to have a higher
attrition rate versus other sectors,
and I believe businesses need to
become more agile in retaining talent
because it’s a lot easier looking
after the team you have instead
of recruiting for the same roles all
the time.
How has HRNZ membership
helped you fast-track
your career?
Being a member of HRNZ has
helped me keep up to date within
the industry. I enjoy reading the
magazine to see what is on the
radar for other HR professionals and
companies. It’s particularly easy to
get absorbed in what you’re trying
to achieve within your business, but
sometimes it’s useful to step back
and realise that other people are
 Amy Flett is one of the newest store managers. She started in a checkout role and is now seconded into a New World store
manager role.
Catherine Foljambe coaches Amy Flett, one of New World's newest store managers.
trying to solve the same issues: that’s
where keeping up to date with HRNZ
branch events and having a network
is so important.
There are so many
talented people within
the business, a rewarding
part of my role in HR is
supporting owners so
they can identify and
nurture talent.
I’m about to start my journey to be
an accredited member of HRNZ and
am looking forward to branch events
that will be happening in 2022.
I’m a huge believer in getting the
right mentors and being surrounded
by successful people. If anyone is
considering being a mentor, I would
highly encourage you to join the
HRNZ mentoring programme. You
never know whose career you can
help shape!
AUTUMN 2022
Anything else you think
our readers would find
interesting?
Anyone who knows me knows I’m
always talking about cycling! I’m
currently training for a cycling holiday
in April. We’ll be cycling up the
West Coast of the South Island from
Queenstown to Nelson. I can’t wait!
I’m always happy to connect with
other HR professionals www.
linkedin.com/in/foljambe
HUMAN RESOURCES 9
INSIGHTS KATHY CATTON
Omicron in the
workplace
The workplace landscape
and employer’s obligations
as they relate to COVID-19,
and specifically Omicron, are
changing rapidly and are often
confusing. Human Resources
magazine managing editor,
Kathy Catton, seeks to clarify
current employer obligations
and find answers to many
practical questions.
This article was correct at the
time of writing. We appreciate the
employment landscape is rapidly
changing, and we encourage readers
to always seek the latest advice from
official government websites.
It has been many months now, in
fact, years, that HR professionals
have had to deal with the coronavirus
global pandemic. From health
measures to mandates and working
from home policies, HR has been at
the forefront of these changes. Here,
we take a closer look at what we
can do with the onset of Omicron
and provide simple answers to
Members’ questions.
Do staff have to
wear masks?
According to the Ministry of Health,
critical workers should wear certified
10 HUMAN RESOURCES AUTUMN 2022
well-fitting medical masks at all
phases of the Omicron response.
While businesses are not required to
ensure people wear face coverings,
they may take steps to encourage
it. If people refuse to wear a face
covering, organisations are not
required to take any further action to
make them.
From 3 February, it became
mandatory for all workers who are
mandated to be vaccinated to wear
a medical-grade mask when working
in public-facing roles. Under the red
traffic-light system, it is mandatory
to wear a mask on domestic flights,
public transport in taxis, inside retail
businesses and public venues and
health care services.
Face masks can be temporarily
removed to determine someone’s
identity, to take medication or to eat
or drink and to talk with someone
who needs to see others’ mouths to
communicate due to being deaf or
hard of hearing. In such situations,
businesses should still meet physical
distancing requirements.
It’s also vital to consider those
for whom wearing a face mask is
unsuitable. These people can get an
exemption card but are not required
to carry it or show it.
Where can we source
certified medical masks?
Medical supply stores such as St
John New Zealand, USL Consumer
and Amtech have a variety of
surgical-grade respiratory masks,
although be aware that some may
have supply issues. Pharmacies also
stock these masks, but they tend to
sell out quickly because they’re only
available in-store. Office suppliers or
home improvement stores may also
sell P2 masks.
How will I know if an
employee tests positive?
Your employee should tell you
directly. Alternatively, a public health
official will contact you if the infected
person says they have been at
work during their infectious period.
However, if an employee does not
tell public health about being at
work during their infectious period,
or if they were not infectious while at
work, public health will not contact
the business.
What happens when an
employee gets Omicron?
If an employee becomes a confirmed
(or probable) COVID-19 case and
has been at your workplace while
infectious, standard processes will
be followed. The Ministry of Health
website outlines the following steps.
• Isolate spaces this person may
have spent significant time in and
conduct thorough cleaning
• Help public health officials with
the contact tracing process. If
you have a health and safety
manager within the company,
they may be best placed to be the
liaison person.
• Follow all public health advice
regarding communication with
your employees and customers.
• Remember to protect the privacy
of your employee. Their name
must not be shared.
What’s considered an
infectious period?
The infectious period of a person
who has COVID-19 is calculated as
two days before symptoms started,
or two days before their positive tests
(if no symptoms) until 10 days after
this date.
When can the COVID-19
positive employee return
to work?
It depends on what phase of the
Omicron response New Zealand is
at. At Phase One, your employee
cannot return to work until at least
14 days (including 72 hours
symptom-free) after their symptoms
started or the date they were tested.
They need to be ‘released’ by public
health officials before they can
resume work and normal life. At
Phase Two and Phase Three, they
will need to isolate for 10 days
(self-release after day 10, if
asymptomatic for 72 hours).
What can I tell
other employees?
You will need to tell workers and
contractors of the general situation.
In some instances, it is unavoidable
that the person with COVID-19
will be identifiable through the
contact tracing process, but this
is a tricky issue and it could be a
breach of privacy to disclose this
information. An exception under the
Privacy Act 2020 allows disclosure
where it is to prevent or lessen a
serious risk to public health, but like
all things legal, it will depend on
circumstances. In this situation, it is
worth reminding staff that the privacy
and confidentiality of the person who
tested positive must be maintained.
What if lots of staff
get sick?
Businesses do not necessarily have to
close if a worker has tested positive
AUTUMN 2022
to COVID-19. The decision to close
will depend on how much ongoing
spread of the infection is happening
in the workplace and whether the
business can still operate safely and
effectively if staff are required to
isolate as cases or close contacts.
What support is available
while employees are
off sick?
Work and Income is still providing
help to pay employees’ wages or
salary if they can’t work because
of COVID-19. See Jack Rainbow’s
article, on page 22, for more
information about what help
is available.
What if close household
contacts are employees?
Support the close household contacts
to get tested straight away. As soon
as they are identified as being close
household contacts, they should go
home and remain at home for as
long as they are advised or required
to by a doctor or public health
official. An employer could only send
an employee away where they have
either been advised to self-isolate, or
if the employer has strong reasons
to make them go based on health
and safety grounds. Casual and
close contacts are not required to
HUMAN RESOURCES 11
stay at home and should monitor
for symptoms of COVID-19. If they
develop symptoms, they should
immediately isolate and get tested.
What happens with working
from home during Omicron?
According to the Ministry of Health,
if people are isolating due to having
COVID-19 or they are a close
household contact, they should not
leave the house for any reason other
than urgent medical care. They
should NOT go to work, although
we can assume they may work from
home if they feel well enough. If
they are unable to work from home
during this time, the employer can
apply for leave support to help
the individual(s).
What are other
businesses doing?
Some office-based businesses are
implementing an office rotation
system, whereby half of the team
works from home one week, while
the other half works in the office.
12 HUMAN RESOURCES AUTUMN 2022
The arrangement alternates on a
weekly basis. This is hoped to keep
businesses resilient as the Omicron
variant circulates heavily in the
community. HRNZ is also aware of
office-based companies that are
requiring all staff to work exclusively
from home.
Many businesses are drawing up
a continuity and contingency plan.
They can be useful not just for
managing COVID-19 but for other
interruptions, like natural disasters
or utility disruptions. Thinking
about ways you can operate with
fewer staff may be useful. Consider
other businesses you deal with
and how they might be affected
by COVID-19 cases. Have a plan
for communicating and access
what resources you can find (see
insert box).
How do we work with staff
who have COVID-19?
It’s important to keep checking in via
phone and email with staff who have
tested positive with COVID-19. It
can be stressful, and people’s mental
and physical health may be affected.
The Mental Health Foundation has a
range of resources. Some help you
spot the signs of stress, and others
help you identify what you need to
help you and your teams stay well.
What does a ‘test-to-return’
look like in reality?
At Phase Two and Phase Three of
an Omicron outbreak, a Critical
Services Register will provide for
return-to-work Rapid Antigen Testing
for asymptomatic close contacts who
help to maintain critical infrastructure
and supply chains. The bar for critical
workers to be registered is high, and
critical workers are not the same as
‘essential workers’ under the Alert
Level system. A tool is available to
identify if your workers are critical
(see insert box).
Essentially, critical workers who are
close contacts will be able to return
to work early, provided they return
a negative Rapid Antigen Test every
day that they are at work throughout
their required isolation period, or as
otherwise appropriate to their work
setting. They will only be allowed to
go to work and not anywhere else.
An online portal is on the business.
govt.nz website for employers
to register employees who they
consider to be critical workers within
their organisation.
New Zealand is generally well
prepared for an Omicron outbreak,
with high vaccination levels, and
boosters and childhood vaccinations
now available. But businesses now
need to have a clear plan for ways
to continue to operate if workers get
sick or have to self-isolate.
AUTUMN 2022
Additional information and
helpful resources
Healthline: 0800 358 5453. This
phone number is available 24 hours
a day, 7 days a week and has
interpreters available.
Guidance for businesses: if
an employee tests positive for
COVID-19: www.health.govt.
nz/system/files/documents/
pages/step-by-step-guide-
for-managing-covid-19-in-
your-business-workplace-
27jan2022.pdf
Guide for businesses: testing and
returning to work during Omicron
response: www.business.
govt.nz/assets/Uploads/
Documents/testing-and-
returning-to-work-during-
omicron-response-guide-for-
businesses.pdf
Use of face masks with COVID-19:
www.health.govt.nz/
our-work/diseases-and-
conditions/covid-19-
novel-coronavirus/covid-
19-health-advice-public/
covid-19-use-face-masks-
community
COVID-19 Leave Support Scheme:
www.workandincome.govt.
nz/covid-19/leave-support-
scheme/index.html
Critical worker assessment tool:
www.business.govt.nz/
covid-19/rapid-antigen-
testing/#critical-worker-
assessment-tool
Working with business continuity:
www.thebci.org/knowledge/
introduction-to-business-
continuity.html
Minimising and managing workplace
stress: www.mentalhealth.
org.nz/home/our-work/
items/18/
HUMAN RESOURCES 13
SUSTAINABILITY BRIDGET WILLIAMS
Going green through the
red light
In this time of flux, it is
opportune for businesses
to focus on wellbeing and
sustainability. Bridget Williams
from Bead & Proceed unpacks
how weaving sustainability
through your business during
the pandemic is essential for
solving the challenges we face.
It’s all connected
They say hindsight is a beautiful
thing, but the ugly truth is we knew
a pandemic of this nature was
coming for us. As stated by the
United Nations Development
Programme, “scientists have
warned for years that unrestricted
deforestation, the illegal wildlife
trade, and diseases that cross from
animals to humans would unleash
an uncontrollable pandemic”, which
is why investing in green economies
is essential to restoring the balance
between people and planet and
helping communities recover.
These issues echo the three impact
areas of the 17 United Nations
Sustainable Development Goals
(SDGs): social, economic and
environmental. In fact, the connection
14 HUMAN RESOURCES AUTUMN 2022
between the SDGs and the
COVID-19 pandemic response has
been likened to a double helix
because tackling the goals and the
virus is so intertwined, and both
require a cohesive approach.
Since COVID-19 was introduced, the
SDGs have faced dramatic setbacks
towards the targets:
• SDG 3 – Good Health and
Wellbeing: the pandemic
threatens health across
the globe, and there are
adverse knock-on effects due to
vaccination breaks and further
mental health issues due to
impact on livelihoods
• SDG 2 – Zero Hunger: the virus
has affected the production,
distribution and availability
of food pushing further people
into distress
• SDG 1 – No Poverty: poverty
has increased for the first time in
decades, with Oxfam estimating
the crisis could push half a billion
people back into poverty
• SDG 8 – Decent Work and
Economic Growth: the
International Labour Organization
reports that more than one-
in-six young people have
lost their jobs, and, according
to Stats NZ, the New Zealand
unemployment rate is at
5.3 per cent
• SDG 4 – Quality Education: the
pandemic re-emphasised the
‘digital divide’ and the right to
internet access, and, according to
the United Nations Educational,
Scientific and Cultural
Organization, about 1.25 billion
students have been affected
by lockdowns
• SDG 16: Peace, Justice and
Strong Institutions: due to
various national referendums
being postponed, there’s an
increasing risk of unrest
and an increasing need for
governments to deliver digital
services and social protection.
These are just a few examples, but
the truth is every SDG has been
affected by the COVID-19 pandemic.
Sustainability is the strategy
for the ‘new normal’
With alert levels and traffic light
changes, there’s a growing desire
for familiarity and ‘getting back to
normal’ but ‘normal’ got us here
in the first place. Therefore, getting
‘back to normal’ is simply not
feasible nor sustainable. The crisis
has also illustrated how deeply

connected people, planet and
prosperity are and the growing
need to align businesses with
sustainable values, making the
SDGs and environmental, social
and governance (ESG) goals a must
throughout business.
As explained in my previous articles,
all 193 UN Member States, including
New Zealand, have adopted
the SDGs, making it the largest
globally recognised framework
for sustainability. Because the
COVID-19 pandemic is a global
crisis and requires action from all
nations, it makes sense to use the
SDGs to trump COVID-19. SDGs
are also one of the leading ESG
frameworks and, with the 169
targets, the goals are an effective
tool to help measure and report on
ESG developments. The integrated
effects that the COVID-19 pandemic
has caused parallel the integrated
solutions needed to build back a
greener and more inclusive future to
not only rid us of the pandemic but
prevent another from occurring.
The time is now
While listing the negative effects of
COVID-19 seems counterintuitive
to making a positive impact, there is
no better time to create change. As
Albert Einstein said, “in the midst of
every crisis, lies great opportunity”.
Multiple organisations are using
the COVID-19 pandemic as the
catalyst to kick-start or strengthen
sustainable practices. Why? Because
the pandemic has forced us to take
stock of our values and re-examine
what we care about.
AUTUMN 2022
We’re seeing businesses retain
flexible working policies, going
paperless and limiting national travel
because virtual is more accessible
and cost-effective. Many are
introducing mental health allowances
for staff due to an appreciation of
stressful and strange times. In my
mind, I see there is no better time
than now to use these efforts to
achieve the SDGs:
• the COVID-19 crisis has given
the world a glimpse of where
we will be if the SDGs are
not achieved, thus giving us
further motivation to reach the
2030 deadline
• the crisis has proven we can
move fast and hone our efforts to
make an impact
• awareness is growing of how
interconnected these issues are
• this is also the first time in
100 years the world has worked
towards a common goal: proof
that we can put energy and
resources into collective action.
I appreciate for some businesses and
organisations the reality is survival,
and through the traffic-light system
it is easy to just see red. However,
going green doesn’t have to begin
with massive changes because even
the smallest actions are a step in the
right direction.
Bridget Williams is the founder
of the social enterprise, Bead
& Proceed, which exists to
educate people about the
17 UN SDGs and inspire
action towards them. Her
passion for sustainability
and using creativity as a tool
for innovation has made her a recognised SDGs
expert, helping organisations with sustainable
strategy and SDG reporting. Bridget is a selected
World Economic Forum Global Shaper and
member of the Asia New Zealand Foundation
Leadership Network, which has led her to
become a creditable global change maker. Her
efforts have been recognised and endorsed
by the Rt Hon Helen Clark and the JCI Osaka
Outstanding Young Person’s Programme.
HUMAN RESOURCES 15
CULTURE AND CHANGE ANNE WILSON
Practical changes as a
result of COVID-19
Anne Wilson, partner at
Anthony Harper Lawyers,
outlines how COVID-19 has
changed the way we work
and shares what changes, she
believes, are here to stay.
I t is clear that COVID-19 has
changed the way we work and
these changes are likely to endure.
The pandemic has accelerated a
shift in working practices by forcing
a large sector of employers to allow
employees to work from home and
more flexibly than they have ever
worked before.
In doing so, employers have had to
place a high degree of trust in their
employees, which in turn has often
resulted in higher productivity and,
for some, the ability to continue
operating their businesses throughout
the pandemic.
As we move into a different phase of
the pandemic, employers now have
to consider to what extent they will
require employees to return to the
office and how they maintain the
intangibles lost from a workforce
physically separated from one
another, such as workplace culture
and communication.
16 HUMAN RESOURCES AUTUMN 2022
In among this, as well as coping with
a high degree of change, employers
have had to grapple with vaccine
mandates and, for non-mandated
workplaces, introducing vaccine
requirements, and will now need to
consider the need for booster doses
and testing regimes.
So, from the perspective of the law,
how can we mitigate the effect of
these changes on HR practices
to best position organisations for
the future?
Working from home
By far the most impactful change
from the pandemic has been the
need for employees to work from
home for extended periods. The
‘working from home’ revolution
was anticipated to occur much
earlier than 2020. In July 2008,
the Employment Relations
(Flexible Working Arrangements)
Amendment Act came into force,
giving employees a statutory right
to request a variation of their
working arrangements, including
hours, days or work location. Under
the legislation, employers have to
respond to such a request within one
month of receiving it but can refuse
the request on a variety of grounds.
The purpose of the amendments was
to encourage employers to consider
flexible working arrangements, but,
because employers could easily
refuse a request, it didn’t result in
any significant change in working
practices. Many employers were
stuck in the long-held ‘bums on
seats’ culture and had no real need
or incentive to divert from that.
Flexible working and working from
home arrangements remained the
exception rather than the rule, other
than for early adopters, such as the
tech industries.
Burnout is much more
likely when work is so
accessible from home
and employees are
constantly tethered
to their smart devices,
resulting in blurred
boundaries between work
and home.
The pandemic rapidly changed
that. Employers were suddenly
forced to adopt working from home
and flexible arrangements across
their entire workforces, including
accommodating employees who had
families at home during periods of
lockdown. In addition, the pandemic
coincided with improvements in
technology that made working from
home easier, such as fibre internet
and video conferencing.
The need for employees to work
from home during lockdowns and
the tight labour market have put
employees firmly in the driver’s seat
of how, when and where they want
to work. Work–life balance and
wellbeing have become the focus,
and the live-to-work mentality no
longer dominates.
The speed and broadness of the
changes prevented most employers
from documenting the new working
arrangements in writing. Uncertainty
around how the pandemic would
continue to affect us has also
prevented employers from having a
clear picture of what they will require
from employees in future.
In this new phase of the pandemic,
employers are left considering:
• to what extent they will require
employees to return to the office
• to what extent they will allow
employees to choose for
themselves how, when and where
they work.
This makes now a perfect time for
HR practitioners to focus on the
organisation’s ground rules and
policies for the future. A change to an
employee’s hours, days or location
of work, whether on a permanent or
temporary basis, is a variation of their
terms and conditions of employment.
The Employment Relations Act 2000
requires that any variation to an
individual employment agreement
be recorded in writing. Employees
should be advised of their right to
seek independent advice before
signing such a variation.
In a world that is changing so
quickly, these rudimentary steps
are often overlooked or may seem
inappropriate. To manage this,
employers can include broad
provisions in their employment
agreements and have policies that
guide decisions regarding working
from home and flexibility. To future
proof an organisation, the individual
employment agreement and
applicable policies should retain the
employer’s ability to change these
arrangements when needed.
Communication and culture
Another crucial change has
been the impact of working from
home arrangements on how an
organisation communicates with
its people and the follow-on effect
on its culture. Those impromptu
conversations around the coffee
machine, which build relationships
in the workplace resulting in
AUTUMN 2022
collaboration and innovation,
can be lost. Less experienced
employees may no longer have as
much of an opportunity to learn
from osmosis and leaders have
less ability to lead by example or
seize informal opportunities for
performance coaching.
HR practitioners will need
to consider:
• scheduling more time for casual
interactions with staff, which may
include online catch ups or more
social or outdoor activities that
are unlikely to be disrupted by
the pandemic
• putting in place regular
mentoring arrangements
• establishing innovative ways to
create opportunities for casual
interaction between leaders and
staff members.
In doing so, they should also
consider what additional steps the
organisation should implement
to continue to comply with its
legislative duty of good faith. This
duty requires the parties to an
employment relationship to be active
and constructive in establishing and
maintaining a productive employment
relationship in which the parties
are, among other things, responsive
and communicative.
HUMAN RESOURCES 17

My Vaccine Pass
NAME
JOHN SMITH
Health, safety and wellbeing the pandemic. They should consider
Working from home arrangements
can make it more difficult for
employers to notice when employees
are struggling with workplace stress
or with their wellbeing, because
interactions are planned, and
employers have less ‘visibility’
regarding how an employee
is working.
At the same time, burnout is
much more likely when work is so
accessible from home and employees
are constantly tethered to their
smart devices, resulting in blurred
boundaries between work and home.
HR practitioners will need to ensure
that health and safety policies and
practices are updated to take into
account the change in workplace
practices that have occurred due to
18 HUMAN RESOURCES AUTUMN 2022
NEW ZEALAND
My Vaccine Pass
DATE OF BIRTH
05-08-1965
the new hazards that arise from those
changes to ensure the organisation
meets its obligations under the Health
and Safety at Work Act 2015.
Additional steps to consider
might include:
• regularly targeted wellbeing
initiatives that can be accessed
from home
• setting expectations of boundaries
on working hours
• allowing employees to
‘unplug’ regularly.
Vaccination mandates
and boosters
As if grappling with the above
changes wasn’t enough, HR
practitioners have had to implement
vaccine mandates. In workplaces that
aren’t mandated, practitioners should
consider whether each role in their
workplace must be performed by a
vaccinated worker.
This involves:
• conducting a health and safety
risk analysis of each role and
consulting with staff regarding the
assessment
• drafting and consulting with staff
regarding a vaccination policy
• implementing the policy.
Where employees are required to be
vaccinated, recent amendments to
the Employment Relations Act 2000
require employers to give employees
written notice of the date by which
they must be vaccinated and paid
time off to do so.
The ‘working from
home’ revolution was
anticipated to occur
much earlier than 2020,
but, because employers
could easily refuse a
request, it didn’t result in
any significant change
in working practices
[before 2020].
If an employee is not vaccinated,
an employer must ensure that they
consult with the employee about
alternatives that would not lead to
termination and ensure these have
been exhausted before giving the
employee four weeks’ paid notice
of termination (during which time
they may choose to be vaccinated
and return to work provided this
doesn’t unreasonably disrupt the
employer’s business).
There has yet to be any significant
case law on these obligations, which
is leaving employers uncertain about
whether their decisions to terminate
will be justified. However, employers
should be guided by the fundamental
principles in employment law to
determine the correct outcome,
including the principles of natural
justice and the test for justification
 A pandemic is the perfect
time to:
• focus on the organisation’s
ground rules and policies
• confirm in writing any changes
to an employee’s hours, days or
location of work, whether on a
permanent or temporary basis
• review individual employment
agreements and applicable
policies, to ensure employers
have the ability to change
working arrangements when
needed
• schedule more time for casual
interactions with staff
• put in place regular mentoring
arrangements
• consider innovative ways to
create opportunities for casual
interaction between leaders and
staff
• ensure health and safety policies
and practices are updated to
accommodate the change in
workplace practices that have
occurred due to the COVID-19
pandemic
• regularly target wellbeing
initiatives that can be accessed
from home
• set expectations of boundaries on
working hours
• allow employees to ‘unplug’
regularly
• review health and safety risk
assessments and policies to
determine the position on vaccine
boosters and testing regimes.
employers will also need to consider Anne Wilson is a Partner at
how they will collect evidence of Anthony Harper Lawyers
that requires any decision to booster vaccinations while complying leading its Christchurch
employment practice.
terminate to be one that a fair and with obligations under the Privacy Thanks to her experience
reasonable employer could have Act 2020. working in-house for
made in all the circumstances. Vodafone, she brings clients a
The changes to the way we work due unique perspective. She advises
Finally, HR practitioners will need to to the COVID-19 pandemic and the employers on various employment matters,
including personal grievances, disciplinary
review their organisation’s health and implications of those changes are investigations, restructuring, performance
safety risk assessments and policies broad. However, HR practitioners management, medical incapacity and the
to determine their position on vaccine can, and should, consider several Holidays Act 2003. Most recently, Anne has
advised employers regarding issues arising
boosters and testing regimes. They practical steps to address those from the COVID-19 pandemic, including vaccine
will need to consult staff before changes and prepare their requirements and testing regimes. Anne provides
implementing any new requirements. organisations for the future. solutions that consider the multi-dimensional
aspects of the employment relationship and
Boosters are not required for a enjoys helping clients implement leading-edge
person to hold a vaccine pass, so employment initiatives.

AUTUMN 2022 HUMAN RESOURCES 19

 Get a head start
on your career – become a
STUDENT MEMBER
HRNZ is committed to
helping shape the
future of the HR
profession through our
student membership
offering.
JOIN
Student Members gain NOW!
access to student-
focused events and
webinars, the
HRNZ Mentoring
Programme and
more at just
10 per cent of the
regular price!

20 HUMAN RESOURCES AUTUMN 2022

Visit hrnz.org.nz/students for more information
Gain Recognition
as a Leading HR Professional
HRNZ is committed to promoting the highest levels of professionalism in
Human Resources practice, through professional accreditation.

Benefits of Professional Accreditation

• Professional accreditation demonstrates your commitment to professional, ethical practice. It positions you as a
leading HR Professional. It is an ideal way to showcase professional achievements and career-long development.
• HRNZ supports HR Professionals in New Zealand to achieve recognised standards of excellence and competence in
HR practice through accreditation.
• Support your HR team members to develop their capabilities and achieve a portable and nationally recognised
standard of competence in HR.

Which accreditation is right for you

Early career HR professionals – HRNZ’s new Emerging Professional Member accreditation is the ideal accreditation for you
right now. It signals to employers and your colleagues that you are committed to pursuing HR as a career. For more information
and how to apply, please visit hrnz.org.nz/emerging.

Experienced HR professionals – gain the recognition you deserve for your competency and professionalism with Chartered
Membership accreditation. Chartered Members are champions of the HR profession in New Zealand. Download the
Chartered Membership information booklet and for more information please visit hrnz.org.nz/getchartered.

Recently Accredited Members

Emerging Professional Members
Rochelle Mellor Auckland 22 February 2022
Jocelyn Visser Auckland 16 February 2022
Melissa Cochrane Auckland 15 February 2022
Aaron Smith Canterbury 8 February 2022

Chartered Members
Angela Pamatatau Waikato 25 February 2022
Amanda Wood Auckland 22 February 2022
Rachel Rose Queenstown 21 February 2022
Kate Singleton Canterbury 15 February 2022
Steph Gawe Auckland 16 December 2021
Petrina Winchester Auckland 7 December 2021
Mandy Rutherford Taranaki 1 December 2021

Chartered Member (Academic)

Russel Wordsworth Canterbury 23 February 2022

AUTUMN 2022 HUMAN RESOURCES 21

EMPLOYMENT LAW JACK RAINBOW
Managing Omicron
While we have been navigating
COVID-19 effectively for the past
two years, we are about to enter
uncharted territory as the new
variant Omicron takes hold. Jack
Rainbow, Solicitor at Dundas
Street Lawyers, examines the
serious workforce challenges
and business continuity issues
we face as this variant arrives.
This article was correct at the
time of writing. We appreciate the
employment landscape is rapidly
changing, and we encourage readers
to always seek the latest advice from
official government websites.
What is the state of play in
New Zealand?
Daily case numbers for COVID-19
are the highest we have seen since
the pandemic began, and are
still rising.
As part of its plan to manage the
outbreak, the government currently
requires anyone who returns
a positive COVID-19 test or is
considered a ‘close household
contact’ to enter self-isolation. The
isolation period for positive cases
who are fully vaccinated for at least
10 days.
What does this mean for
businesses?
Given the predicted spread
of Omicron, these isolation
22 HUMAN RESOURCES AUTUMN 2022
requirements may result in large
amounts of absenteeism: potentially
in the tens of thousands. Workers
may be required to remain away from
the workplace for lengthy periods.
The resulting staffing shortfall could
hit businesses hard, particularly if
several employees are identified
as close household contacts at the
same time.
Against the backdrop of a tight
labour market and record low
unemployment, workforce shortages
may affect employers across
all sectors.
What is happening
overseas?
New Zealand is in a uniquely
fortunate position because it has
mostly controlled the virus for the
better part of two years, which has
meant we can observe and learn
from what is happening in other
countries that have not been so lucky.
The outbreak of the Omicron variant
in the United Kingdom has reportedly
put significant strain on businesses,
particularly public services, such as
the National Health Service, and
education workforce.
Closer to home, Australian
businesses have been grappling
with mass absenteeism as the
virus spreads through the country.
Woolworths Group, Australia’s
largest supermarket operator, has
reported that 10 per cent of its in-
store staff have been absent from
work due to COVID-19, while in its
distribution centres, the number has
climbed to 20 per cent.
What is the obligation
regarding wages?
The answer to this is not
straightforward, and several
scenarios could play out.
The general legal principle relating to
payment obligations is that where an
employee is ‘ready, willing and able’
to work, they are entitled to be paid.
This principle was tested during
the 2020 and 2021 Alert-level
lockdowns, where some employers
did not pay employees on the basis
that the employees were not ready,
willing and able to work because
they were confined to their homes
during lockdown.
When this approach was challenged,
the Employment Relations Authority
found that there was a continued
obligation to pay employees wages
during this time, on the basis they
were available to work, but it was the
employer who was unable to provide
them with work.
What does that mean for
isolating employees?
Whether self-isolating employees will
continue to be paid depends firstly
on whether they can continue to work
while in self-isolation.
Where an employee is able to
work from home they should be
treated no differently than if they were
present at work.
In this regard:
• they should receive their ordinary
wages for the time worked
• if an employee is technically able
to work from home but is too sick
to do so, they should be placed
on sick leave
• if an employee can work from
home but has childcare or other
responsibilities that mean they
cannot work, other leave options
should be discussed and agreed
with them.
The situation is slightly more
complicated when an employee is
unable to work from home while
they are in isolation.
If an employee is unable to work due
to self-isolation requirements, the
workplace remains open and able
to provide work. A strong argument,
therefore, is that the employer is not
required to pay an employee during
this period because the employee is
not ‘ready, willing and able’ to work.
I must note that this position is
untested, and the possibility exists
that the courts could take a similar
approach to the lockdown wage
cases and find a requirement to pay
wages. Specific legal advice should
be sought on a case-by-case basis.
What support is available
for businesses that have
staff shortages?
The government has introduced two
schemes to help employers with the
cost of staff absences as a result
of COVID-19.
COVID-19 Leave Support Scheme
This COVID-19 Leave Support
Scheme is available for employers
who have employees who must self-
isolate because of potential exposure
to, or contraction of, COVID-19. The
scheme pays either $600 a week for
full-time workers (20 hours or more)
or $359 for part-time workers (fewer
than 20 hours).
To be eligible, an employee must:
• have been advised to self-isolate
by a doctor or the National
Investigation and Tracing Centre,
because they have COVID-19 or
are considered a close contact to
a person with COVID-19
• be required to self-isolate for at
least four consecutive days
• be unable to work from home
because of the self-isolation
requirement.
Importantly, an employer is only
eligible when the employee has been
told to self-isolate because they are
a close household contact or have
COVID-19. It does not apply to an
employee who has COVID-19-like
symptoms who decides to stay home
while they get a test.
Employers should be sure to
understand the obligations that
they sign up to when they apply
for the scheme, which includes
using best endeavours to pay at
least 80 per cent of an employee’s
ordinary wages and salary, and to not
unlawfully compel an employee to
use their leave entitlements during the
period the subsidy is received.
Short-Term Absence Payment
The Short-Term Absence Payment
is another scheme available to
employers and applies when an
employee is required to stay home
while they wait for the result of a
COVID-19 test and is unable to work
from home. The scheme makes a
AUTUMN 2022
one-off payment of $359 for each
eligible employee, regardless of
whether they are full or part time.
An employer must apply within eight
weeks of the relevant COVID-19
test being taken, and can only apply
once in any 30-day period per
employee, unless a doctor or other
medical professional advises the
employee to get another test.
The scheme notes that an employer
should use the subsidy to pay the
employee’s contractual or statutory
entitlements while they are waiting
for a test result (whether sick leave
or annual leave). However, if an
employee has no entitlements, an
employer should use the subsidy to
pay the employee’s ordinary wages
while they wait for the test result.
Time to plan
The support from the government
may go some way to reducing the
financial blow for employees and
employers who find themselves in
difficult positions as COVID-19
takes hold in the community.
However, it will not prevent staffing
shortages and business interruptions
from occurring. Employers should
begin preparing contingency plans
for COVID-19 absences in the
workplace and how they will be
managed pragmatically.
Jack Rainbow Ngāti
Tūwharetoa, Te Arawa
(Tapuika), is a solicitor at
Dundas Street Employment
Lawyers. He has been
providing advice to major
public and private sector
employers on the implementation of the
vaccine mandate order. Jack also volunteers at
Community Law and previously worked at a law
firm specialising in Māori legal issues, particularly
Waitangi Tribunal claims.
HUMAN RESOURCES 23
RECRUITMENT ROB BISHOP
COVID-19 and talent
in 2022
The COVID-19 pandemic has
brought drastic changes
to every working sector’s
framework and structure.
Rob Bishop, Director at Bishop
Associates Recruitment,
explores changes to the
recruitment industry, in general,
and offers insights into what will
help businesses in the ongoing
war for talent.
U ntil recently, New Zealand has
avoided the worst of the negative
impacts triggered globally by the
COVID-19 pandemic. The latest
move in New Zealand to a traffic-
light system, because of COVID-19
appearing in the community, means
HR teams need to think carefully
about workforce planning and
keeping their people safe while
maintaining and protecting business
continuity. The current ‘red’ status
for New Zealand has also triggered
changes to how we get things done.
Many businesses are now opting
to split their teams into groups
and alternate the days or weeks
they are onsite at work. This can
help reduce the risk of business
interruption should members of
the team contract COVID-19 or
need to isolate as close household
24 HUMAN RESOURCES AUTUMN 2022
contacts and potentially take time
off to recover. A split of working
remotely when possible, dividing
staff teams into different work groups
that alternate when they are in the
office and ensuring limited and
protected contact with clients and
customers, stakeholders and other
team members are all useful options
to consider.
Domestic search for talent
From a talent perspective, the past
24 months have driven changes
in the way recruiters approach the
search, selection and appointment
process. Most talent professionals are
conducting all interviews via Zoom.
They also complete more rigorous
telephone screening of candidates.
Talent specialists often have used
remote working, when completing
recruitment and search work, to fill
roles in remote regions. The changes
brought about by the COVID-19
pandemic mean these remote
strategies are being used locally as
well as regionally.
MIQ and border control have been
front of mind for many HR and
talent teams. A big talent challenge,
particularly at executive level, has
been the almost complete closure
of New Zealand’s borders to people
not already holding New Zealand
citizenship or residency. It has been
more complex and challenging
to bring top talent from overseas
into Aotearoa. The New Zealand
Immigration Service has been
understandably reluctant to allow
people to come and go as freely
as they did before the pandemic.
Competition for MIQ space and
the lottery system have all added to
these pressures.
Members of the HR
sector will need to think
creatively and with
purpose about how
to attract, retain and
develop talent while
also wrapping their
arms around, protecting
and investing in their
existing people to reduce
the risk of them being
tempted away.
As a result, the search for talent has
been largely limited to our domestic
market and to New Zealand passport
and residency holders returning
from overseas. Recruitment teams
have been working closely with
candidates and clients to overcome
this challenge when a senior
appointment is clearly best filled with
an overseas applicant. With the help
of immigration lawyers, it has been
possible to support several cases
of bringing in overseas candidates
for executive appointments,
including CEOs and managing
directors. Under the right leadership,
businesses can continue to grow,
build their teams and deliver positive
outcomes for the New Zealand
economy, which ultimately creates
more jobs for local talent.
Use the tech
Effective use of talent and HR
technology is also an essential lever
in smoothing processes, supporting
business continuity, effective
communication and efficiency during
these challenging times. Various
job applicant tracking systems
are available to do this. These
applicant tracking systems are an
essential tool in ensuring seamless
and efficient search and selection.
It is advisable to find a system that
integrates seamlessly with LinkedIn,
Seek and various other apps and
software, such as Outlook, Xero
and Mailchimp. Recruiters tend to
‘live’ on the LinkedIn recruitment
application as well.
AUTUMN 2022
With hundreds of millions of
members, LinkedIn is a critical
tool in business networking and
recruitment. Talent professionals
must have outstanding networks and
access to top talent, to meet future
business staffing needs. Using tools
that complement the way we work
to optimise the effectiveness of HR
and talent solutions is essential.
We advise HR professionals to find
those systems offering open-source
software that allows for seamless links
HUMAN RESOURCES 25
26 HUMAN RESOURCES AUTUMN 2022
to other essential apps and HR or It is hard to predict what the Think creatively
finance systems. coming year will bring in HR and While business confidence has
workforce trends. There is no doubt slipped and costs are increasing,
To stay or go? that the spread of COVID-19 the ANZ recently reported that most
Rather than being reactive to in the community will create industry sectors are planning for
the challenges triggered by the massive disruption and potentially growth. This means the job market
COVID-19 pandemic, the best a considerable stress on health will continue to be a rollercoaster
HR teams are actively thinking care and businesses. Hesitant in 2022. Members of the HR sector,
about tools for building culture, business confidence, rising inflation, more than ever, will need to think
supporting psychological safety, challenges to the share markets creatively and with purpose about
increasing retention and minimising and international trade, paired with how to attract, retain and develop
risks associated with the ‘Great lower-than-expected predictions for talent while also wrapping their arms
Resignation’. The current competition economic growth in 2022/23, all around, protecting and investing in
for talent is also putting upward add to the stress on the economy. their existing people to reduce the
pressure on salary expectations, with risk of them being tempted away.
skilled job hunters actively looking
to negotiate better employment Under the right
packages. Reports that millions of leadership, businesses Rob Bishop is the Director
people are considering leaving their can continue to grow, of Bishop Associates
Recruitment. Rob has been
jobs is a clear call to arms for HR build their teams offering talent and HR
professionals to ensure employees and deliver positive solutions in New Zealand
choose to stay, develop and thrive. outcomes for the since 1998. In 2021, the
Initiating employee retention company won the 5-Star
New Zealand economy, Excellence Award from HRD New
strategies, focusing on culture, which ultimately Zealand. This award highlights the industry’s
effective upskilling and learning and most trusted top-performing firms that are
creates more jobs for
development plans are essential for raising the standards of talent acquisition,
local talent. candidate relationship management and
encouraging employees to make the employer brand marketing. You can contact Rob
choice to stay. via www.bishopassociates.co.nz.

Read back issues of

Human Resources
Reso
urces
Profe
ss ionals
online at:
rH uman
gazine fo
nd’s Ma
Zeala
New
https://issuu.com/hrnz.
magazine

aroa
Aote
g fa ce of
h angin
The c er?
: e bord
PLUS to th
ppen
a t w ill ha r H R
Wh tions
fo
al
predic erson
Future got p
e just
re si lienc
Why

AUTUMN 2022 HUMAN RESOURCES 27

HR TECHNOLOGY STEPHEN MOORE
HR tech and the new
world of work
Since the rise of COVID-19,
we’ve seen companies adapt
to a hybrid workforce, face
an increasingly competitive
talent market, and prioritise
holistic employee wellness.
We’ve also seen traditional
corporate hierarchies shift,
placing employees firmly in the
driver’s seat. Stephen Moore,
from Ceridian, asks what role HR
technology plays in this change
of direction.
G iven these headwinds, it’s no
surprise that organisations
are taking a broader view of what
it means to be an employer of
choice. To attract and retain top
talent in a dynamic labour market,
organisations must go beyond paying
their employees competitively; they
must actively address the growing
needs of a diverse workforce.
The stakes are high, given that
66 per cent of New Zealand
employees are considered a flight
risk, according to Ceridian’s latest
Pulse of Talent research.
This may feel daunting, but
advancements in HR technology
are helping organisations chart
a clear path forward, especially
28 HUMAN RESOURCES AUTUMN 2022
when it comes to enhancing the
employee experience.
Sixty-six per cent
of New Zealand
employees are
considered a flight
risk, according to
Ceridian’s Pulse of
Talent research.
Improve hiring and staffing
decisions
In today’s hyper-competitive job
market, organisations need to
embrace a data-backed approach
for their people and talent
management strategies. Ceridian’s
2021–22 Executive Survey found
that 58 per cent of New Zealand’s
business leaders will increase the size
of their team in the next 12 months,
with more than half (54 per cent)
planning to employ gig workers.
With these changes set to
fundamentally alter the fabric
of the New Zealand workforce,
organisations that leverage AI
technology will stay a step ahead
through access to more informed,
efficient and timely information,
leading to improved decision
making. With 51 per cent planning
to use AI tools for recruitment and
talent management, and another
39 per cent already using it,
New Zealand organisations are
already building a more intelligent
future of work.
Using smart tools to improve
hiring decisions ensures businesses
can reduce hiring mismatches,
track existing employees’ skills
and preferences, match existing
employees to new roles they’ll
enjoy, and ensure pay structures
are at competitive market levels via
benchmarking tools. The integration
of this technology not only helps
an organisation’s bottom line but
also links directly back to employee
experience, which is more important
now than ever before.
The latest Pulse
of Talent survey
by Ceridian found
that 84 per cent
of New Zealand
employees are
experiencing
burnout.
Build tailored and
connected employee
experiences
The pandemic accelerated what
has been taking shape for some
time: the need to provide tailored,
connected and on-demand employee
experiences. Mobile technology
is a critical aspect of reimagining
working experiences to meet
employee expectations.
With 51 per cent
planning to use AI tools
for recruitment and
talent management,
and another 39 per
cent already using
it, New Zealand
organisations are
already building a more
intelligent future
of work.
Establishing connectedness across a
decentralised workforce is an even
greater challenge as employees
embrace today’s increasingly fluid,
borderless world. Employers need
to make company information and
policies more accessible to the
entire workforce. With mobile HCM
solutions, employees can access
company information and resources
they need, when they need them,
On the other side, managers can supporting employee mental health
respond to employee requests and and wellness.
connect with their teams across
The integration of technology in
multiple channels.
business is integral to keeping up
with the changes we’ve experienced
Evolve workplace
over the past two years. While
wellness offerings many businesses want to implement
As workers continue to feel the change, it can only be effective
effect of the COVID-19 pandemic, when a holistic approach is taken,
employee wellness must be enabled by technology that allows
considered. The latest Pulse of organisations to integrate forward-
Talent research by Ceridian found thinking approaches that are in line
that 84 per cent of New Zealand with the new world of work.
employees are experiencing burnout.
Now is the time for employee-centric
organisations to re-evaluate and
optimise their approach to mental
health and wellbeing. Not only is it
the responsible thing to do, but a
healthy and engaged workforce leads
to lower turnover, lower absenteeism,
and higher productivity.
The first step in this journey starts with
listening to your employees through
activities such as pulse surveys and
manager meetings. This type of
feedback is necessary to ensure the
Stephen Moore is responsible
support provided is aligned with for overall leadership of
employee expectations and needs. the Asia Pacific and Japan

right from their smartphones.
This always-on, digital-first flexibility
mirrors employees’ personal lives,
and helps them better manage and
take ownership of their work life.
When considering Ceridian’s recent
Pulse of Talent data, mental health
days (46 per cent), flexible schedules
(39 per cent) and employee
assistance programmes (37 per cent)
are the most favoured pathways for
region at Ceridian. His focus
is to deliver world-class
innovations and experiences
to customers, helping
them optimise performance
using Ceridian’s intelligent HCM and deep
business insights.

AUTUMN 2022 HUMAN RESOURCES 29

DIVERSITY AND INCLUSION SOLARY HA
How to become inclusive
and diverse
People and Performance
Business Partner Solary Ha, and
her team from George Weston
Foods Baking, had the objective
of making the workplace more
inclusive. Here she shares what’s
been learnt along the way.
D iversity and inclusion are two
parts of a whole: diversity without
inclusion is unsustainable; inclusion
without diversity is meaningless.
So first, some baselines. When we
surveyed staff of George Weston
Foods Baking in New Zealand, we
found that 22.4 per cent identify
as Māori or Pacific Islander, and
58 per cent identify as culturally and
linguistically diverse. Diversity isn’t
the issue: we’re already very diverse.
Now we need to be as inclusive as
we are diverse.
We always make sure everyone
feels welcome, but it’s harder to
make everyone feel confident, so
our challenge is to find ways to
make it easier for everyone to be
able to participate in important and
meaningful conversations. To do that,
we need to be guided by our people,
to move the company along the path
to greater inclusion and diversity.
While we still have a way to go,
because it is an ever-evolving
journey, we can summarise what
we’ve learnt to date:
30 HUMAN RESOURCES AUTUMN 2022
• acknowledge workplace and
cultural realities
• be guided by your people
• align initiatives with culture
and values
• make it personal and meaningful
• make inclusion continuous and
every day.
We focused on
recognising people
with specific needs and
making them always
feel welcome, always
listened to, so they can
be their best at work
and feel they also have
a voice at the table.
Acknowledge the realities
Effective action starts from a realistic
assessment of your position. Our
first step was to acknowledge the
reality of our workforce and the many
cultures within it, then find ways of
making those individual cultures
and experiences relevant within our
workplace culture. Our objective
was to make our workplace more
inclusive, to make everyone feel that
they belonged. To achieve this, we
focused on recognising people with
specific needs and making them
always feel welcome, always listened
to, so they can be their best at work
and feel they also have a voice at
the table.
Be guided by your people
We think it’s essential our inclusion
and diversity plan is informed by a
range of voices and perspectives and
that we are guided by our people.
No one understands what inclusion
means better than someone who has
been excluded and has then been
welcomed as a participant.
We started with small, separate
initiatives across our whole
organisation driven by People &
Performance. An eight-person
inclusion and diversity task force
was formed, with representatives
from across the company, supported
by, but independent of, People
& Performance. To ensure broad
participation, the task force asked
people across the business to be
inclusion champions, and, to date,
25 people have accepted this role
in New Zealand. The task force is
chaired by Mark Bosomworth, our
New Zealand General Manager,
who streamlines initiatives and
champions their importance. As part
of its inclusion and diversity strategy,
the task force identified four pillars to
guide its thinking:
• shifting mindsets
• tools and resources
• policy, process and environment
• target specific needs.
The task force now takes
responsibility for identifying and
driving inclusion and diversity
initiatives. This important step
encourages people to act as if they
own the business and align with
business needs. One of our goals is
to empower all our employees to act
as business owners, to speak up and
share their ideas.
Align initiatives with culture
and values
It helps if you can make use of
your business’s natural advantages
in approaching inclusivity. We’re
bakers, and bread has a special
place in people’s hearts everywhere.
It’s a staple food in their homes.
The first time I walked through the
bakery, the smell of freshly baked
bread reminded me of home and
comfort. Bread puns punctuate our
conversations: “goodness baked in”
and “let it rise”, “don’t overbake it”.
We bake fresh bread and pies every
day, creating products that bring
moments of goodness to so many
people. What we produce ties directly
into our core purpose: to create
Everyday Moments of Goodness.
These moments – EMOGs we
call them – are not just moments
of kindness, they’re actions that
reflect our values: Trusting, Safe,
Collaborative and Courageous, and
they link directly to inclusivity. For
example, a woman coming for her
second interview couldn’t find anyone
to care for her daughter, so we invited
her to bring her daughter along. It
cost nothing, but it was wholly aligned
with our core values. It made them
both feel welcome and a place where
they belonged.
Make it personal
and meaningful
Inclusion is personal. It’s not about
categories, and we always try to
remember this. Our bicultural
confidence project team, supported
by the task force, organised a
company webinar during Māori
Language Week with a guest speaker
helping our people to foster a
stronger bicultural understanding.
The project team members who drove
this initiative agreed to share their
powerful stories at this webinar. This
was well out of their comfort zone,
and they met the challenge by talking
about their “why” – about why they
have pushed this initiative and what
Māori Language Week represented
to them. People recognised this as a
courageous act: an EMOG.
Stepping outside your comfort zone
and accepting your vulnerability, is
vital. Each executive member posted
a video in te reo sharing our values,
and two executive members even
performed a duet in te reo. These
are small but meaningful gestures,
because they show that everyone is
willing to be vulnerable, learn and
grow together.
AUTUMN 2022
Small, continuous and
every day
We share our EMOG moments
at meetings, at our monthly mixes
and awards presentations. We
always open with the question:
“Does anyone have a value or
inclusion share?”.
Our approach to inclusion is on the
same scale. We believe that a series
of small, meaningful initiatives, driven
by our people, is more effective than
a single large-scale programme
or solution because thinking
about inclusion then becomes an
everyday occurrence.
Actually, there is a single solution:
your people know what’s needed.
Let them guide you!
Solay Ha, People & Performance
Business Partner at George
Weston Foods Baking,
has worked in senior
human resources roles
in fast-moving consumer
goods, viticulture, maritime,
freight and engineering
industries. She has worked for
local and global organisations, supporting
operational and commercial portfolios across
Asia, Europe and the Pacific. She is currently a
key member of George Weston Foods Baking
Australia and the New Zealand Inclusion and
Diversity Task Force. In her role in Human
Resources, Solary is passionate about
implementing the task force‘s vision to ensure
#everyoneisvalued #everyonebelongs and
#everyhasequalopportunity, recognising the
important role HR has on a company’s culture
and inclusion and diversity journey.
HUMAN RESOURCES 31
IMMIGRATION LAW UPDATE RACHAEL MASON
Border reopening:
The devil is in the detail
The recent government
announcement of the five-step
border reopening plan was well
received by employers and HR
managers. Rachael Mason, from
Lane Neave, outlines what we
should expect over the next 12
months as the reopening gets
under way.
This article was correct at the
time of writing. We appreciate the
employment landscape is rapidly
changing, and we encourage readers
to always seek the latest advice from
official government websites.
T he five-step plan describes
changes in the border settings
and the phasing out of the MIQ
system. The table here shows the
main border setting changes that
will be of note to employers and
HR professionals.
Things will start to open up for
employers looking to bring in migrant
workers from Step 2 onwards, first
with the expansion of the ‘other
critical worker’ border exception.
The new border exception will
remove the need to prove that
the worker has unique skills and
experience that are not readily
obtainable in New Zealand, for
32 HUMAN RESOURCES AUTUMN 2022
Step Who can enter
Step 1 Travel from Australia:
27 February • New Zealand citizens and residents
• applicants who already hold an existing valid entry visa
(Critical Purpose visas).
Step 2 Worldwide travel:
13 March • expanded ‘other critical worker’ border exception
• reopening of working holiday visa schemes.
Step 3 Worldwide travel:
12 April • existing temporary visa holders
• 5,000 international students
• class exceptions for seasonal workers
• other priority travellers.
Step 4 Travel from Australia:
July 2022 • visitors and tourists and potentially some workers.
Worldwide travel:
• visa waiver country visitors and tourists
• holders of new Accredited Employer Work Visas earning above
Step 5
median wage.
Worldwide travel:
October 2022 • visitors and tourists
• resume pre-pandemic processing (excluding suspended
categories).
roles of longer than six months, whom will seek part-time work)
provided the worker will earn more will benefit employers across a
than 1.5 times the median wage variety of sectors, but particularly the
($84,240 per year or $40.50 retail, tourism and hospitality sectors
per hour). We expect a significant and in tourism hot spots such as
number of applications will be made Queenstown and Waiheke Island.
under this category.
Step 4 and Step 5 will see the
The return of working holiday makers gradual return of international tourists
(to be phased in gradually) and and business visitors, first from visa
5,000 international students (many of waiver countries in July and then
from the rest of the world in October.
Finally, at Step 5, pre-pandemic visa
processing is signalled to resume.
Employers and HR managers need
to have two major things in their
minds when considering how the
border reopening can support
their workforce.
Immigration New Zealand
capacity
Immigration New Zealand (INZ)
has a lot on its plate this year. New
policies will need to be formulated
(most notably the policy for the
expansion of ‘other critical worker’
at Step 2, for which, at the time of
writing, we don’t yet have any detail)
and there is the new Accredited
Employer Work Visa scheme (AEWV).
The AEWV represents a major
transformation to the visa system.
These changes require INZ to
formulate new policies, implement
appropriate IT infrastructure and
train its people on the new policies
and systems. This is a significant
internal workload.
Our expectation is there will be a
deluge of new applications from
Step 2 onwards because hundreds
of employers have candidates
‘waiting in the wings’ offshore for
the opportunity to be able to submit
their applications. Additionally,
thousands of employers will apply for
accreditation from May onwards. If
previous experience is anything to go
by, confusion and misunderstanding
of new policies will also mean the
system gets clogged with applications
that do not qualify but nevertheless
add to processing delays.
The border announcements are a
strong signal to employers to now
refocus on offshore recruitment to fill
gaps in their workforce. We expect
unprecedented demands on INZ’s
processing capacity throughout
2022 across all categories. At
present, INZ has given no indication
of doing anything to increase its
processing ability. All of this points
to the likelihood of significant
processing delays.
Immigration re-set
Perhaps of even more importance,
the clear and consistent government
references to an immigration ‘re-set’
before and throughout the pandemic
indicate that employers should not
expect a return to pre-pandemic
settings. The government’s view is
that many employers are too heavily
reliant on migrant labour to fill low-
skilled and low-paid jobs that can
be done by New Zealanders and this
must change. Employers who have
traditionally had a high proportion of
their workforce made up of migrant
workers or who have used migrant
workers to fill low-paid and low-
skilled roles may be in for a shock.
AUTUMN 2022
In the words of Hon Stuart Nash
in May 2021, “When our borders
fully open again, we can’t afford to
simply turn on the tap to the previous
immigration settings”.
The strong signals are that the
immigration system will be re-set
to ensure a steady reduction in the
number of migrants coming to fill
these roles. Employers should be
aware of this strategic government
objective when considering their
workforce requirements.
As with any significant government
announcement, the devil is in the
detail. In this case, managing
expectations – of both migrants and
the business – will be crucial.
For more detailed information on
the government’s five-step plan for
the border opening, please see Lane
Neave’s PDF here.
Rachael Mason is qualified in
New Zealand, England and
Wales, and has practised
exclusively in the area of
immigration law for several
years. Rachael is a facilitator
for HRNZ PD courses, virtual
courses and webinars. Go to
hrnz.org.nz/pd to see upcoming courses. She
works with both multi-national corporate clients
and smaller local employers across a range of
industry sectors in managing their global and
local migrant workforces and developing and
maintaining compliance and legal right to work
policies. Rachael is focused on providing high-
quality technical immigration advice that is both
pragmatic and commercial.
HUMAN RESOURCES 33
WELLBEING LAUREN PARSONS
Building resilience in
the workplace
If one thing’s for sure, it’s
that the COVID-19 pandemic
has given us opportunities
to test and grow our
resilience, individually and
organisationally. Challenging
times stretch us out of our
comfort zone. Lauren Parsons,
wellbeing specialist, shares
her insights into learning and
growing from these times.
R esilience is defined as your
capacity to recover or bounce
back from difficulties. Picture yourself
five years from now, reflecting back
on this period. What lessons will you
have learnt? What gifts will you be
thankful for? What processes will you
have changed?
You can take steps right now to
ensure your workplace is more
resilient for whatever lies ahead.
The sooner you can reflect on and
implement those learnings, the
stronger you and your organisation
will be.
These five strategies will help you
build a resilient workplace culture.
34 HUMAN RESOURCES AUTUMN 2022
1. Commit to wellbeing
In 2017, the World Health
Organization cited leadership
commitment and engagement
as the most important factor to
achieve healthy workplaces. Yet an
Australian report showed that only
five-in-ten employees believed their
most senior leader valued mental
health and a British study showed
that 40 per cent of employees felt
their line manager wasn’t genuinely
concerned for their wellbeing.
To foster a positive work environment
that supports people to be at their
best, senior leaders need to be on
board and prepared to lead by
example. Too often, staff wellbeing is
seen as a lower priority than financial
goals, which is ironic because the
research shows such a strong return
on investment.
A 2017 Deloitte study showed
a return on investment of between
$4 and $9 for every dollar spent
on workplace wellbeing, with the
average return on investment being
$4.20. Safe Work Australia showed
that businesses that improve their
mental health environment rating
from poor to good can save $1,887
per employee, per year, from lost
productivity. For a team of 55 staff,
that’s over $100,000 a year; for a
firm of 550, that’s over $1 million
a year.
Creating a positive, resilient,
wellbeing-focused workplace culture
attracts and retains great people,
reducing the massive costs of staff
turnover. It allows people to perform
at their best, increasing productivity
and reducing absenteeism
and presenteeism.
For any sort of wellbeing initiative to
gain traction, leaders need to show
staff they believe in it and clearly
signal that it deserves their time and
attention. Senior leaders set the tone
for the wider leadership group who
ultimately have the most significant
influence on the resilience of
individuals and teams day to day.
2. Build leadership capability
Leaders need to be equipped with the
skills and tools to influence their own
and others’ wellbeing. All leadership
starts with self-leadership, and the
example managers set is vitally
important. It creates a whole set of
‘unwritten rules’ that form part of
your workplace culture.
Is it acceptable to get away from
your desk at break times? Is flexible
working encouraged? Is it safe to
speak up in meetings or put forward
new ideas?
It’s critical that leaders understand
how their behaviour affects others
around them. Managers need
to lead by example in terms of
their own wellbeing, for example,
switching off from emails in the
evenings and on weekends,
encouraging standing or walking
meetings and having a resilient,
optimistic outlook and expressing this
in the way they speak and act.
Managers need to positively influence
their team’s wellbeing through the
way they lead, for example, taking
time to greet and acknowledge
people every day, having zero
tolerance for poor behaviour, bullying
or exclusion, fostering positive
team dynamics and being skilled
at catching people doing things
right and providing immediate,
specific praise.
Understanding how to spot the signs
of mental distress and being able to
respond confidently is also an area
that often requires special training
and development. A major British
study revealed that 48 per cent of
workers had experienced a mental
health problem in their current job.
But only half of those who had
experienced poor mental health at
AUTUMN 2022
work had spoken to their employer
about it, suggesting that 25 per cent
of workers are struggling in silence.
“The behaviours of line managers
will, to a large degree, determine the
extent to which employees will go the
extra mile in their jobs, are resilient
under pressure and remain loyal to
their organisation.”
3. Create a high-trust
environment
An extensive two-year study at
Google showed that the number
one factor of high-performing
teams is having high psychological
safety. In other words, a high-trust
environment. Paul Santagata,
Head of Industry at Google, says,
“In Google’s fast-paced, highly
demanding environment, our success
hinges on the ability to take risks and
be vulnerable in front of peers.”
When a workplace feels challenging
but not threatening, teams thrive.
In environments where people feel
unsafe and uncertain, they waste
precious time and mental energy
worrying and trying to defend their
‘position in the tribe’ rather than just
getting on and focusing on doing
great work.
Creating a safe environment
where people feel connected and
have a strong sense of belonging,
HUMAN RESOURCES 35
boosts resilience. Patrick Lencioni,
author of Five Dysfunctions of a
Team: A Leadership Fable (2011,
USA: Wiles), cites that the biggest
dysfunction is a lack of trust. Without
trust, it’s impossible to have robust
conversations where people openly
share their differing views and come
up with better solutions.
Leaders need to prioritise building
trust and connection. This requires
vulnerability and a willingness to
say things like, “I don’t have all the
answers”, “What do you think?”
and “Can you help me with this?”
rather than pretending to have all
the answers.
A study by the Canadian military
defined the four pillars of trust as
competence, integrity, benevolence
and predictability. Leaders can take
actions to increase the perception
of these four distinct things to build
trust, both of themselves, and within
their teams.
4. Foster open two-way
communication
During periods of uncertainty and
change, communication goes a long
36 HUMAN RESOURCES AUTUMN 2022
way to allaying fear and confusion,
both of which undermine individual
and team resilience. Leaders should
communicate more than what they
feel is required during periods of
rapid change. Even if there is no
new news, regular updates and
‘ask us anything’ sessions provide
reassurance and get concerns out in
the air before they snowball.
Two-way communication is vital
because staff need to feel that their
opinions are heard and valued.
Constantly encouraging open, honest
feedback loops at all levels of an
organisation ensure you avoid the
insidious creep of dissatisfaction
created by feeling ignored
or overlooked.
Staff need to hear from leaders,
and leaders also need to hear
from staff. Not only does regular
feedback drive innovation and
constant improvement, it validates
people’s sense of purpose and
belonging. Three of the six human
needs are significance, growth and
contribution. Encouraging people to
voice their ideas helps meet each of
these needs.
Creating a culture of appreciation
where staff regularly praise and thank
one another, creating ‘prisms of
praise’, as Shawn Achor describes in
his book Big Potential (2018, USA:
Penguin Random House) is vital for
motivating staff and building strong
team dynamics. When people are
thanked for their work, it not only
lifts their resilience but also their
performance, because people do
more of what they’re praised for.
Leaders can foster a culture of
appreciation, for example, thanking
three people every day or giving a
hand-written note of appreciation to
a different person each week. They
can also cultivate this culture among
staff, for example, by having ‘high-
five moments’ in team meetings
where colleagues are invited to
publicly thank one another.
5. Regularly monitor wellbeing
It isn’t easy to lead well without
up-to-date data. Leaders need to
monitor the wellbeing of staff, both
formally and informally, to stay ahead
of challenges.
Regular, concise check-in surveys
can be helpful if they are done well.
Most importantly, the information
needs to be acted on (and clearly
seen to be acted on by staff) to
avoid demoralisation.
Leaders should be highly trained in
effective one on ones to proactively
keep track of how their direct
reports are going. These can be
done extremely well or extremely
poorly, so developing leadership
capability at coaching is critical.
Some organisations develop a culture
of deferring or skipping scheduled
one on ones due to time pressures.
Leaders need to become skilled at
short, effective meetings using key
focusing questions and prioritising
these. Ten minutes, once a fortnight,
is better than two hours, every
six months.
It’s also worthwhile training a team
of people at all levels throughout
the organisation to be what I call
‘wellbeing champions’. These are
workplace superheroes who have the
skills to spot signs of mental distress
and come alongside colleagues to
listen non-judgementally and refer
people to appropriate support. It’s
essential to provide training and
support to do this effectively, and
the tools to look after their own
wellbeing. Once your network of
wellbeing champions is set up, they
form a great informal way to keep
track of your wider team’s resilience
and wellbeing.
Take a moment to pause, reflect, and
choose which of these five strategies
you might start with to boost your
team’s resilience and ability to go
the distance.
AUTUMN 2022
Find out more
For more support and ideas, register
for HRNZ’s upcoming Virtual
Course, Leading So People Thrive:
How to Drive Workplace Wellbeing,
held over two mornings, either
24 and 31 May 2022
or 20 and 27 Oct 2022
https://hrnz.org.nz/events/
single/leading-so-people-
thrive-how-to-drive-workplace-
wellbeing-virtual
Lauren Parsons is an
award-winning wellbeing
specialist who helps leaders
boost staff wellbeing and
productivity. With over
20 years of experience in
the health and wellbeing
profession, she is a sought-after
speaker, coach and consultant. TEDx speaker,
author of Real Food Less Fuss, founder of the
Snack on Exercise movement and host of the
Thrive TV show, Lauren helps busy people
rediscover how to feel vibrant, confident and
energised. Based in the Manawatu, she travels
regularly and specialises in helping organisations
create a high-energy, peak-performance
team culture, where people thrive. Get your
complimentary copy of Lauren’s e-book 5 Keys
to a Positive, Energised, High-Performance
Culture at www.LaurenParsonsWellbeing.
HUMAN RESOURCES 37
EMPLOYMENT LAW – CASE LAW REVIEW DAVID BURTON
Vaccine mandates: Can
dismissal be justified?
Vaccine mandates are becoming
more widespread in the public
and private sectors, and HR
professionals are at the coal
face helping with this. David
Burton, from Mahony Horner
Lawyers, details recent cases
to provide guidance on this
unchartered territory.
Get it right
GF v New Zealand Customs Service
is a case illustrating the employer
getting the process right.
GF commenced employment with
Customs in October 2020 at a
maritime port facility in a border
protection officer role. In late 2020,
the government determined that
border and managed isolation
workers, including those employed by
Customs, would be given priority for
receiving a COVID-19 vaccination.
Customs then took comprehensive
efforts to communicate with staff
on the efficacy of the vaccination
and that it was an important tool
to keep staff and New Zealand’s
borders safe.
In February 2021, a change in alert
levels occurred following an outbreak
of COVID-19 cases in Auckland.
38 HUMAN RESOURCES AUTUMN 2022
On 26 March 2021, the government
publicly announced a policy of
moving toward insisting border
workers be vaccinated if they
wished to remain in ‘front-line’
roles. Following an unvaccinated
quarantine facility security guard
contracting COVID-19, the
government announced that ‘front-
line border workers’, including those
working at ports, must be vaccinated
or start being moved into ‘low risk’
roles by Monday 12 April if they
refused to get vaccinated.
These cases illustrate
that, while termination
of employment may be
justified on the basis of
vaccine mandates, it is
always important that a
fair process is followed.
Swift communication
Customs then had to quickly
communicate with all staff
(including GF), noting while most
Tier 1 border workers had been
vaccinated, ‘conversations’ would
commence with those who remained
unvaccinated. It was said that the
purpose of such ‘conversations’ was
to “... review the health and safety
risk assessment for the specific work
of the individual employee” and to
“… help us to determine whether the
employee can safely continue to do
their work, if unvaccinated”. Customs
indicated that, where the employee
continued to decline vaccination,
it would conduct a redeployment
search internally and, as necessary,
across the wider sector.
By then, GF had appointed a
representative, and the Employment
Relations Authority found that GF
“studiously avoided” that process.
Customs invited GF to a meeting
by letter dated 21 April. It noted
that GF’s vaccination status was
unverifiable and then indicated that
New Zealand border agencies and
the Ministry of Business, Innovation
and Employment had on health
and safety grounds determined an
approach that Customs supported,
being that, from 1 May 2021, all
work assessed as having a high risk
of exposure to COVID-19 should be
done by workers who are vaccinated.
The letter said other work options
had been considered but were not
solutions, including a change in role
to accommodate health and safety
concerns and suitable redeployment
options (none being currently
available). The reason for the
proposed meeting was then detailed,
including the possible termination of
GF’s employment.
GF sought mediation to discuss
the matter, which was declined
by Customs.
A The Authority observed
that good faith ‘runs
both ways’ as a
mutual obligation.
Two-way street
The meeting was held with GF, the
representative and four co-workers
who were in the same situation.
The meeting split into two parts: the
first led mainly by the Manager HR
Service Delivery, who expounded in
detail on why Customs had reached
the conclusion that GF’s role (and
nearly 260 others in the same
role) required the incumbent to be
vaccinated and invited feedback.
After an adjournment of 30 minutes,
in the second part of the meeting,
Customs communicated its decision
to dismiss GF and their co-workers.
In considering GF’s unjustified
dismissal claim, the Employment
Relations Authority concluded that
Customs had carefully sought to
explore the reasons why GF (and
others) declined to be vaccinated.
The Authority found that GF’s
dismissal was justified. The Authority
observed that good faith “runs
both ways” as a mutual obligation,
and GF failed to engage with their
employer to properly apprise them
of any practical, as opposed to
evident philosophical, objections to
accessing the vaccine.
Fair process, every time
The Customs case can briefly be
contrasted to the application for
interim relief in the Employment
Court case of WXN v Auckland
International Airport. In that case,
Judge Corkill concluded that the
applicant clearly wished to be given
further time to discuss with their
employer and consider the various
issues that were of concern to them.
Given that it was an application for
interim relief, the Court concluded
it was arguable that the steps taken
by the Airport were not those of a
fair and reasonable employer. Given
that a date had been allocated for a
hearing in the Employment Relations
Authority, the Court ordered WXN be
reinstated to their former position on
an interim basis until the case was David Burton is the Director
heard. However, this was limited to of Cullen – The Employment
Law Firm. David has over
being on paid leave for two months,
30 years of employment law
and thereafter on unpaid leave until experience in New Zealand
further order of the Authority. and overseas. His expertise
is recognised by his peers.
These cases illustrate that, while For six years, he was appointed
termination of employment may to the Employment Law Committee of the
New Zealand Law Society. Before that, he served
be justified on the basis of vaccine on the Workplace Relations and Employment
mandates, it is always important that Law Sub-committee of the Law Institute of
Victoria, Australia.
a fair process is followed.
AUTUMN 2022 HUMAN RESOURCES 39
PD SPOTLIGHT DENISE HARTLEY-WILKINS
HR Foundations:
Redesigning the
workplace
It has been two years since
New Zealand entered pandemic
management. HR worked at
the heart of these changes.
Denise Hartley-Wilkins explores
topics addressed in the HR
Foundations course and the
role HR has in these pandemic-
enforced changes.
A t the time of the first lockdown,
I remember many saying, “It’ll
all be over by the year-end; we
can go back to normal working”. It
became clear that would never be
the case. When I think of that logic,
I am reminded of Peter Drucker, who
said, “the greatest danger in times
of turbulence is not the turbulence
itself, but to act with yesterday’s
logic". We needed different ways of
thinking and responding; disruptive,
adaptive, collaborative. Challenge
and opportunity came together, a
burning platform catalyst for change.
The future workplace came hurtling
towards us, like it or not. I read that,
globally, we achieved a level of
workplace change in 12 months that
would typically have taken five years.
40 HUMAN RESOURCES AUTUMN 2022
Two years on, what’s changed for employers responding in different
organisations, their people and ways in a candidate-squeezed
HR professionals? market. Pay hikes, retention bonuses
and poaching are familiar stories.
In the HR Foundations programme,
The trouble is monetary incentives
participants report that managers
might be an attractor or a short-
increasingly see the value of HR.
term holding pattern, but they won’t
Our role as people professionals
hold people in the long term. What
has become ever more central,
retains people is a redefined sense
demonstrating the value of what we
of purpose, inclusiveness, relational
do in our organisations.
ties, greater flexibility and autonomy,
human-centred leadership and a
We are starting to
high trust culture.
see the emergence of
agile job descriptions,
replacing the traditional
It seems some New Zealand
organisations have cottoned on to
boxed role approach. this. In the 2021 HRNZ survey,
respondents acknowledged
the importance of developing
a compelling employee value
Where the landscape lies
proposition or ‘employee experience’
The HRNZ HR Trends Survey
proposition (an emerging language
(2021) identified recruitment
shift). As HR professionals, we need
and retention as one of the main
to guard against up-selling and
issues affecting organisations.
ensure the narrative reflects the
The COVID-19 pandemic has
reality. Is the organisation living up
led to labour market changes.
to the ‘dream and promise’ it sold?
In New Zealand, closed borders
“Recruit on reputation, retain with
have affected our ability to bring in
reality” is a phrase I have heard.
offshore talent, resulting in a tight
labour pool. Factor in the ‘Great
Resignation’ or ‘Great Rethink’,
If you can’t buy, then build
Where businesses cannot compete
as some call it, with a suggested
through pay, or are unwilling to,
50 per cent of people thinking of
we are seeing increased investment
changing jobs, and we are seeing
in building their internal capability.
The benefits are a more flexible
workforce, agile working, and career
development, which in itself is an
attraction tool. We are starting to
see the emergence of agile job
descriptions, replacing the traditional
boxed role approach.
Hybrid working is here
to stay
HR professionals are reporting
candidates are calling the shots not
only around pay and benefits but
also remote working expectations.
McKinsey’s 2021 global survey
found that around 75 per cent of
employees would like to work from
home two or more days a week. In
the HRNZ June 2020 survey, 82 per
cent of respondents reported their
organisations planned to continue
with remote working to some extent.
They also reported the successes:
productivity and engagement were
not tied to where people worked
from; companies could conduct most
of their business effectively remotely;
and leadership and management
having a more open approach to
remote working.
The uptick to normalising remote
and hybrid working has been an
increase in the number of remote
roles, which has helped address the
talent crunch and promote diversity
in the workplace. Hiring managers
can expand their search outside of
their geographic location to a wider
talent pool.
As HR professionals, we
need to guard against
up-selling and ensure
the narrative reflects
the reality.
Emerging two-tier
workforce risk
Right now, in a hybrid workforce,
what does this mean for remote
employees? Compared with
employees who choose to go to the
office, do remote employees get the
same access to the boss? This can
affect the allocation of resources,
access to personal development
and promotion opportunities. Do
remote employees have the same
level of inclusion as in-person team
members? Are their voices still in
the mix?
A question for HR professionals is
might certain diversity groups be
more affected than others?
The pandemic has shown us new
ways to be agile and flexible in how
AUTUMN 2022
we work. The expectation remains
on us to continue to step up, to
help deal with the many emerging
challenges and to also look ahead,
to operate strategically.
These are just a few of the issues
we discuss in the three-day HR
Foundations programme, which
is designed for HR practitioners
who may be early on in their
career or who want to extend their
knowledge of leading-edge HR
practice. We cover all the major
HR functions from resourcing to
performance management, change
management, employment relations
to remuneration and reward.
Whether you want to join us in
person or virtually, we look forward
to welcoming you into the HR
Foundations room.
Denise Hartley-Wilkins,
CFHRNZ, is the National
President of HRNZ. In her
day job, she is the Director
of Shine People Consulting
based in Nelson and works
across New Zealand. She
delivers training on all things
people management, is an ICF accredited coach
and Global Team Coach Institute Certified Team
Coach Practitioner. She specialises in developing
leaders who people want to follow, teams that
hum nicely and workplaces that shine! Denise
teaches the HRNZ HR Foundations and HR101
professional development programmes.
HUMAN RESOURCES 41
RESEARCH UPDATE PAULA O'KANE

Evolving the HR
practitioner role from
the COVID-19 experience
The COVID-19 pandemic
continues to disrupt the
New Zealand workplace,
with the environment not
yet reaching its new normal.
Paula O’Kane summarises
international published research
and contextualises this to the
New Zealand environment to
identify the challenges faced
and ingenious solutions created,
how these might create longer-
term positive organisational
change and how HR can
support this.
take precedence, preventing medium
to long-term planning for HR.
Wellbeing initiatives
were already emerging
but working from home,
and the need to increase
workforce resilience, makes
this a continued area of
influence that HR can take
the lead on.
Increasing versus
reducing stress
Equally, as wellbeing and health and
safety experts, HR practitioners have
had their personal energy zapped
through increased functional HR
practices, such as checking people's
vaccine status, and creating and
implementing new policies, such
as working from home and mask-
wearing.
Research, though, shows that
providing accurate, appropriate and
timely pandemic information has
been linked to reduced employee
stress and increased motivation,
confidence and retention, thereby
embedding the importance of core
HR activities to business success.
Given the strong job market
in New Zealand, with low
unemployment rates and high

T he strategic role of HRM has been

both amplified and challenged
by the pandemic. HR knowledge and
expertise has come to the forefront
in many areas, including managing
remote working, reacting to changes
in the health and safety environment
brought on by government initiatives,
such as vaccine mandates, and
introducing virtual recruitment
and selection. This gives the HR
profession a stronger voice in the
boardroom, potentially increasing
the often berated legitimacy of the
profession. On the other hand,
some strategic decisions are being
postponed while pandemic decisions

42 HUMAN RESOURCES AUTUMN 2022

levels of active job seekers,
employee retention is and will
continue to be high on the agenda
for HR. During the pandemic,
compensation levels have
become more important to
employees, therefore, reviewing pay
structures and increasing variable pay
can help attract and retain employees
at this time.
At the forefront of change
Adapting to changing working
conditions across roles and industries
has been challenging on a day-to-
day basis, but the pandemic has
likely accelerated the opportunity
for positive ongoing changes to the
way we work. By consulting with
employees and considering different
ways of working, the HR profession
has been at the forefront of impactful
change, which can both benefit the
wellbeing of employees and the
performance of organisations.
One example is the shift to working
from home, which has increased
flexibility in how and where we work.
For some organisations this has been
highly successful, for others more
difficult and has led to inequities
within and across workplaces.
The nationwide ‘experiment’ of
working from home presents at
least three main opportunities to
improve organisational functioning:
re-evaluating individual and
organisational productivity measures
(given New Zealand has one of the
lowest productivity rates in the
OECD), focusing on wellbeing and
creating higher levels of flexibility.
Productivity, flexibility
and wellbeing
First, although self-reported evidence
from New Zealand suggests
productivity was higher working
from home during lockdowns,
objective performance is more
difficult to gauge. This provides the
HR profession with the opportunity
to shift organisations to output-
based measures of performance
(such as cases resolved, documents
produced) rather than an input-based
measure (such as hours at work).
This can be challenging in some
sectors, but output-based measures
tend to attract higher-performing
employees and, if implemented well,
can be seen as fairer. Additionally,
they can allow more flexible
work arrangements.
Second is the opportunity to
embed more flexibility through
increased use of job redesign.
We know some people prefer to
work from home, others need the
social aspect of coming to the
office, and societal factors, such as
generational differences and caring
AUTUMN 2022
responsibilities, have increased the
need for flexibility. Considering how
roles are designed, increasing job
crafting and building on individual
skills can ultimately provide a
job description more tailored
to the individual. This requires
strong performance management,
leadership and communication but
can ultimately increase attraction and
retention of skilled staff.
Third, health and safety has evolved
in unexpected ways revealing
the strategic importance of HR’s
professional knowledge. Wellbeing
initiatives were already emerging but
working from home, and the need
to increase workforce resilience,
makes this is a continued area of
influence that HR can take the lead
on. Consultation and communication
with employees sit at the heart of
effective messaging about health and
safety, both of which are essential
HR skills.
Paula O'Kane (PhD) is a
senior lecturer in human
resource management at the
University of Otago, Dunedin.
Her recent research has
explored social media in
selection, remote working
and performance management.
She is part of the Work Futures Otago group,
exploring the Future of Work in Aotearoa,
New Zealand.
HUMAN RESOURCES 43
AM I MANAGING? NATALIE BARKER
Brave, tough and
vulnerable
Our regular columnist Natalie
Barker, Head of Transformation
at Southern Cross Health
Insurance, shares how she
prioritises the wellbeing
of herself, her team and
the business.
O ne of my team split up with her
partner over the summer break.
Understandably, she was feeling a
bit fragile when she came back to
work. Someone else is supporting a
family member through mental health
challenges; she values the flexibility
to be there when she’s needed.
Another person is enjoying the last
few weeks with his kids at home
before they start university at the
other end of the country. Someone
else has just finished a lengthy
kitchen renovation; her new fridge is
a thing of beauty. Yet another has just
put his house on the market.
I can go days without talking about
work in team meetings and one to
ones. I’m slightly nervous to admit
that, but sometimes what’s top of
mind for my team isn’t their job but
the other things going on in their
lives. How they’re feeling, what
they’re thinking and what they’re
needing right now can be more
important to recognise than the work
we have in front of us. In this new
world of COVID, remote working and
general uncertainty, more and more
I’m prioritising checking in on their
wellbeing over their work in progress.
44 HUMAN RESOURCES AUTUMN 2022
I’m lucky to have a talented,
motivated team of people who don’t
really need me too involved in their
work; they do their jobs well without
me being directly involved day to day.
I’m also fortunate to belong to an
organisation that strives to empower
and enable people to operate with
autonomy, but, even so, COVID has
affected what leadership looks like
for me and my team.
At Southern Cross Health
Insurance, the theme of our most
recent employee business update
was ‘our wellbeing’. We talked
about mental wellbeing, career
development and building strong
social connections. We talked about
how we’re performing against our
strategic targets, and we also talked
about pressures in our operating
model, collaboration, and the
value of making time for learning
and development.
To me, that agenda was a metaphor
for leadership today: equal parts
focused on our own personal
wellbeing, the wellbeing of our teams
and the wellbeing of our business.
In my opinion, the role of leadership
got harder over the past couple
of years. It’s no longer enough to
create a strong team culture and
help your people to do a great job.
With the same number of hours
per week, leaders nowadays are
coach, counsellor, adviser and
friend. They need to be brave and
tough and vulnerable, all at the
same time. They plan ahead but
act in the now because the future
can’t be predicted. They care for
their customers and the success of
their business; they make time for
themselves and their whānau, and
still give their all to their people. They
do as much as they can personally
and know when it’s appropriate
to help their people access
professional support.
I’m not going to apologise for not
talking enough about work at work.
I’m going to keep giving time to
what’s most important for my team.
I’m going to prioritise personal
connection and wellbeing, knowing
without that, they can’t be expected
to look after their own teams or the
wellbeing of our business.
Natalie Barker is Head of
Transformation at Southern
Cross Health Insurance. She
has been leading people
for 15 years and believes
that leveraging people’s
strengths and passions is the
best way to drive engagement
and get stuff done.
46 HUMAN RESOURCES AUTUMN 2022