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Business Operations
Restructures Done Properly: Cost Pressures Don’t Excuse a Weak Process
For many New Zealand businesses, restructuring has become a necessary part of staying competitive. Rising costs, changing customer demand and operational pressures can force businesses to reconsider how work is structured and whether existing roles remain sustainable.
But a genuine need to reduce costs does not give an employer permission to rush the process or treat redundancy as a foregone conclusion.
Employers must have genuine business reasons for a proposed restructure and follow a fair process before making any final decisions.
A proposal that appears predetermined, relies on vague reasoning or overlooks suitable alternatives can expose the business to personal grievances and unjustified dismissal claims, even where the underlying cost pressures are real.
In just 60 minutes:
- The Genuine Reason Test: How to demonstrate that a proposed restructure is based on real business needs
- Common Restructure Mistakes: Where employers get caught out, from predetermined outcomes and limited information to unfair selection processes
- Alternatives and Redeployment: What employers need to consider before deciding that redundancy is the only available option
- Making a Defensible Decision: The practical steps, documentation and communication needed to support a fair restructuring process
Please note that this is general information and not intended to replace legal advice under any circumstances.
Have a question?
Have a question about the webinar, or perhaps you need some guidance on a HR or workplace safety matter? We’re happy to answer all your questions, call 0800 675 701 or email [email protected].
Dismissal
Termination for Medical Incapacity: Is it Discrimination?
When an employee is unable to perform their role due to illness or injury, employers are often left balancing compassion, operational demands and legal risk.
While dismissal on medical grounds may be legally justified in some circumstances, getting the process wrong can expose employers to costly personal grievances, discrimination claims, and significant legal risk.
Employers are not required to keep a role open indefinitely but they do need to understand how long the employee is likely to be away, whether they may be able to return to work, and whether reasonable adjustments or alternatives should be considered before ending employment.
In this practical webinar, our experts will explain when termination for medical incapacity may be justified, when it may create discrimination risk, and the steps employers should take before making a final decision.
In just 60 minutes:
- Medical Incapacity vs Discrimination: Understand where employers commonly get medical incapacity matters wrong, and why these situations can quickly lead to personal grievances or discrimination claims
- Assessing Capacity to Work: How to assess whether an employee can continue performing their role, including what medical information employers can reasonably request and the limits of medical certificates
- Before Dismissal Is Considered: The steps employers should take before making a final decision, including reasonable accommodation and alternative options
- Making a Defensible Decision: Practical steps for consultation, documentation and decision-making when an employee may no longer be able to perform their role
Please note that this is general information and not intended to replace legal advice under any circumstances.
Have a question?
Have a question about the webinar, or perhaps you need some guidance on a HR or workplace safety matter? We’re happy to answer all your questions, call 0800 675 701 or email [email protected].
Casual Employment
"It's Complicated": When Casual Staff Stop Being Casual
Many businesses rely on casual employees to help manage busy periods, cover staff absences, or provide extra flexibility.
But what happens when a casual employee works the same shifts every week, follows a regular roster, or develops an expectation of ongoing work?
The risk for employers is that while the employment agreement may describe someone as casual, when disputes arise, the Employment Relations Authority and Employment Court will look beyond the label and focus on the true nature of the relationship.
Join our workplace relations experts as they unpack the warning signs that a casual employment relationship may have changed, and what employers can do to stay on the right side of their obligations.
In just 60 minutes:
- Casual on Paper, Permanent in Practice: Identifying the patterns and practices that can change the nature of the employment relationship
- The Risk Behind the Label: Why calling someone a casual employee may not be enough if the reality tells a different story
- Spotting the Warning Signs: Common indicators that a casual employee may no longer meet the definition
- Simple Steps for Employers: How to maintain flexibility while meeting your obligations
Please note that this is general information and not intended to replace legal advice under any circumstances.
Have a question?
Have a question about the webinar, or perhaps you need some guidance on a HR or workplace safety matter? We’re happy to answer all your questions, call 0800 675 701 or email [email protected].
Absenteeism
Friday Flu & Monday Migraines: Managing Frequent Staff Absences
Employee absences happen. But when the sick days start falling around weekends, public holidays, or busy periods, it's natural for employers to start questioning the patterns.
Is it a genuine health issue? A pattern of behaviour? Or a performance and attendance problem that needs to be addressed?
Ignoring ongoing absenteeism can place pressure on teams, impact productivity, and create resentment among other employees.
In this practical webinar, our experts will explain what employers can and can't do when managing frequent or suspicious absences, and how to address attendance concerns fairly and lawfully.
In just 60 minutes:
- Recognising Attendance Patterns: How to tell genuine sick leave from a concerning pattern
- Medical Certificates & Evidence: Understanding when employers can ask questions, request evidence, and seek further information
- Tricky Conversations: How to have difficult conversations about absenteeism while meeting your good faith obligations
- Navigate NZ Employment Law: When ongoing absences may justify formal management, and the steps employers should take before acting
Please note that this is general information and not intended to replace legal advice under any circumstances.
Have a question?
Have a question about the webinar, or perhaps you need some guidance on a HR or workplace safety matter? We’re happy to answer all your questions, call 0800 675 701 or email [email protected].
Peninsula Group. Helping employers like you for over 40 years
Thousands of small and medium sized business owners have chosen Peninsula for HR and Health & Safety support. Discover what they have to say.
"We initially considered hiring another admin for our business but spoke to Peninsula. After consulting with them, we realised their comprehensive HR, H&S and legal services offered a more cost-effective and reliable solution, giving us the necessary reassurance. "
280 employees Healthcare & Medical
Jon Bishton, People and Culture Manager
Tassie Care
"Galleria Podiatry have been with Peninsula for 15+ years, and we’ve had a great experience. All the staff are extremely knowledgeable on all aspects of employment relations and are always available to help. I recently met with a member of the team for our workplace review, and they were fantastic. "
7 employees Healthcare & Medical
Nic Lange, Owner / Senior Podiatrist
Galleria Podiatry
"We have been a Peninsula client for over 5 years. The team is friendly, professional and helpful. As a Practice Manager you face issues that need professional advice. That's where Peninsula played a role in solving my issues. Thank you team."
6 employees Healthcare & Medical
Dyllis Williamson, Practice Manager
ProHealth Family Medical Centre
"As a first-time founder and CEO of a substantial sized company I have built over the last 4 years, I was introduced to Peninsula and utilised their services over time. The professionally trained staff has been a saving grace for me to fully understand my rights in many unprecedented and sometimes harsh situations. "
11 employees Healthcare & Medical
Elaine Johnston, Founder
Team Lemonade
"Peninsula's service is of the highest level and standard. This is an amazing business and how the team support and advise members is incredible. I’m so grateful for all their help. I couldn’t do what I do as a business owner without them."
11 employees Sports & Recreation
Jerry Trzeciak, Director & Founder
iROCK Music School
"I can highly recommend working with Peninsula! They are available 24/7 for all employment and WHS matters. Whenever I have a HR issue, I give them a quick call and get advice, making sure I deal with every matter sensitively and accurately. "
17 employees Healthcare & Medical
Irene Vermooten, Director & Clinical Psychologist
The Mood and Mind Centre