Lou Alder

Measuring quality of hire (QoH) is somewhat elusive, but critical if a company wants to know if its sourcing, recruiting, assessment, and hiring programs are working properly. Without it, implementing a raising-the-talent-bar strategy become problematic. In this article I’d like to focus on some core issues involving QoH, and offer an idea on how to measure it both pre- and post-hire.

Let’s get started by first defining Quality of Hire (QoH). In an article last year, I proposed this as a basic definition: how well a new person meets the performance needs of the job using the following 1-5 yardstick:

Level 1.0: Underperforms on all core performance requirements of the job.

Level 2.0: Reasonable match on most job needs, but needs extra management, direction, or coaching to meet the basic performance standards.

Level 2.5: Average performance. Meets basic requirements of the job with a normal degree of management coaching and direction.

Level 3.0: Solid performance. Meets significant performance requirements of the job on a consistent basis with minimal management direction and support.

Level 4.0: Consistently exceeds significant performance requirements of the job on measures of quality and/or quantity.

Level 5.0: Far exceeds significant performance requirements of the job on a consistent basis.

While typical interview and assessment tools can differentiate between above and below average performance, they don’t do too well in determining if someone is a Level 3, 4 or 5. Traditional job descriptions are part of the problem, not the solution, since they emphasize skills rather than performance. Generic competency models are similarly flawed, since they don’t adjust for the actual job requirements nor any unusual circumstances involved. Behavioral interviewing works to some degree by adding structure to the interview and reducing emotional bias, but is not specific enough in measuring variations in good performance. While these tools are adequate for separating the good from the bad, they’re far less effective for measuring QoH.

To more precisely measure pre-hire QoH, understand what drives performance and what causes underperformance. Assuming the person hired was appropriate on all traditional measures, a determination then needs to be made as to whether the person was hired for the right job, for the right manager, for the right company, and under the right circumstances. This type of multi-step approach offers a model for developing the means to measure pre-hire QoH. Here’s how:

1. Good person hired or not. First determine if the person hired was a generically solid performer in past roles doing similar work. For our purposes let’s define a Level 3 performer as someone who is in the top third or the top quartile of their peer group. These are people who get assigned bigger projects, get promoted faster, get bigger reviews, and receive formal recognition for a job well-done.
2. Good job fit or not. A good person put in the wrong job is a big cause of underperformance, yet in most companies this assessment is not as robust as it should be. To measure pre-hire QoH on a job fit basis requires an assessment of past performance to some predefined future performance. The Q12  identifies 12 factors that drive performance and satisfaction. Most of them relate to job fit, e.g., clarifying expectations up front; providing appropriate tools, resources, and materials; assigning people work they are highly motivated to perform; and providing appropriate training. Most companies blunderbuss their way through the job fit part of the assessment by over-relying on generic competency models, poorly constructed assessments, and an over-emphasis on skills. None of these help measure pre-hire QoH more precisely. A direct assessment of job fit, including the ability and motivation to perform the work at peak levels is an important subset of the pre-hire QoH measurement.
3. Good managerial fit or not. A good person doing the right job for the wrong manager is a primary cause of dissatisfaction and under-performance. Bad managers demotivate their teams, and the best ones inspire them. One way to measure managerial fit as part of pre-hire QoH is to compare the new hire’s developmental and managerial needs to how the hiring manager trains, develops, and manages his/her team.
4. Right company/situation or not. Given a good person, appropriate job, and the right manager, a mismatch at the company cultural or circumstance level could still undermine performance. During the assessment some measure needs to be made regarding these environmental issues, including pace, intensity, level of sophistication, complexity, how decisions are made, resource availability, and company politics. While most companies recognize the importance of this, the actual assessment is relatively superficial.

Considering this multi-step concept, here’s an approach for measuring and maximizing quality of hire:

1. During the intake meeting, prepare a performance profile clarifying the performance expectations for the job.
2. Look for the achiever pattern during an extended work-history review. This is comparable to gathering forensic evidence that the person is in the top half of the top half, doing work similar to that described in the performance profile.
3. Conduct a “performance review” approach to interviewing, rather than a traditional behavioral interview. Here’s how: during the interview spend 10-15 minutes digging into the best example you can find of the candidate doing something similar for each of the performance objectives listed in the performance profile (here’s an interview guide for this). Then “grade” the person the same way you’d conduct a performance review using the 1-5 scale noted above.
4. Examine the trend of performance over time and compare this to top performers in your company. The idea is that the steeper the slope of the line the stronger the person.
5. Assess managerial fit. One way to do this is to compare how controlling vs. hands-off the hiring manager is to how much direction and support the candidate has received in the past.
6. Measure cultural and situational fit by understanding the circumstances associated with the candidate’s best work. The idea here is to determine if there are any situational issues that affect performance.
7. Measure team skills by examining the functional makeup of and types of teams the person has led and has been assigned to.
8. Combine all of the separate scores for the 10 factors into an overall pre-hire quality of hire measure using the talent scorecard.

One problem companies have in measuring pre-hire quality of hire is the continued reliance on old tools. The metaphor that to a person with only a hammer every problem looks like a nail, rings true in this situation. To measure pre-hire QoH more precisely requires a different way of thinking and different measuring sticks. The multi-step approach is a simple way to rethink the problem in combination with a pre-hire performance review type of interview. Using a quality of hire scorecard like this is a reasonable approach to assess all of the variables that best predict on-the-job performance and those that contribute to underperformance. As long as the scorecard is based on real job needs and circumstances, the same evaluation process can then be conducted post-hire. The causes of differences in predicted vs. actual job performance can then be identified and used for process improvement.

Implementing a talent acquisition strategy requires some type of QoH metric to monitor effectiveness and provide immediate feedback. After the fact is too late to do anything much about it, since you won’t know if it’s working or not. The approach suggested here offers a commonsense roadmap to begin. From what I’ve seen, getting started is often the most difficult part of the journey.

The Myth of the Hard to Fill Job

Howard Adamsky

“I don’t want any yes-men around me. I want everybody to tell me the truth even if it costs them their jobs”. –Samuel Goldwynn

I just finished looking at a position profile for a job with a pharmaceutical company. The laundry list of bulleted requirements for this position is 22 — and I can assure you that these are not easy-to-find requirements. They’re all action words and full of responsibility for everything under the sun. (Yes, advanced degree required.) Perhaps God can do this job but in terms of mere human beings, I do not see it happening. I picked up the phone and had a conversation with a trusted associate who tells me the position has been open for a long time and has now been classified as “hard to fill.”

I dislike this “hard-to-fill” mindset. I know that some jobs, by their nature, are going to be a challenge, but the impossible ones just irritate me for a host of reasons. Let me enumerate just three of them below and we can then move on to solution-oriented thinking.

1. It is Alive. After a while, hard-to-fill jobs take on a life of their own. Corporate recruiting quickly sees that the requirements are bizarre, and as such, a self-fulfilling prophecy begins to take hold. Very soon, no one is good enough for the job as the hiring manager breezes through resumes rejecting all. The corporate recruiters fail at every turn to impress the hiring manager, who actually thinks that this is a reasonable search. Sadly, it’s often a needle in the haystack dilemma that will come to no good for anyone involved.
2. Hard to Please Hiring Manager. Hard-to-fill jobs, by their nature, often come from the most unreasonable of hiring managers. These are the managers who “know what they want and want what they want” with little regard to the available population. From those individuals, who are seldom pleased with recruiting in the first place, there seems to develop an almost perverse pleasure in finding reasons for not interviewing candidates. Often, they will have a cursory conversation with a candidate by phone if you pressure them, not get back to you, and when you track them down, tell you they did not like the candidate. Reasons why? It is in some notes they have and will get back to you. They seldom do.
3. Circus Time. They seek out agencies. The hiring managers now turn on internal recruiting with a fury, saying that they just do not like any of the people you are showing them. Now that recruiting is demoralized, the fun and games really begins as the agencies embark on pumping in resumes. Naturally, because this is a hard-to-fill job, reaction time is often slow because the expectations to fill the job are not very high in the first place. Endless time is taken as the “critical job” sits empty. Honestly, how critical can it be if no one is doing it for six or eight months? The illusionary fee hanging over the head of the agency hire amps up the manager’s expectations to even greater levels because if they are going to pay a fee, the person better be a water-walker. Honestly, this is dismal for all concerned.

Hard-to-fill jobs? Almost never.

Hard-to-please hiring managers and/or corporate cultures of dysfunctionality: often times, yes. Illusionary thinking in terms of expectations and misguided hiring philosophy? Once again, often times yes. There are, in almost all cases, no hard-to-fill positions. Most positions that are open for endless time are that way for a reason. Let’s look at just a few of the many possibilities.

• Perhaps it is not one job but actually two. Does OD/HR need to be called in to assess requirements and realign thinking and/or structure to make it work?
• There is only budget for one job? Nonsense. A budget is artificial and nothing more then a spreadsheet, often put there by individuals who are, in reality, clueless. Change the budget and split the job or cut the requirements and hire two of them at slightly different levels.
• Cost is too high? Why are you looking at cost when you should be looking at value and ROI? What if excellence cost a bit more then the bean counters had hoped for? Going one step further, what is the “cost” of not filling this position? Where are the pain points, and who feels them?

Lastly, organizational influences and political muscle should gravitate toward a discovery initiative as it relates to the real and meaningful problems associated with hard-to-fill jobs. These jobs should not sit and languish for endless time. The longer a job is open, the more scrutiny it should be under. Hard-to-fill jobs are a problem begging for a solution. Once unearthed, the associated difficulties should be vigorously addressed and corrected.

Do this and we empower recruiters to hire great employees. Fail to do this and they chase after illusions and sad possibilities.

We have included a link to the Department of Labour website and legislation guide at the end of this communication.  We recommend all employers download and save this document for future reference.

Primarily the key changes are as follows:  

• Extension of the Trail Employment Period – the 90 day trial period that has applied for companies with less than 20 employees has now been extended to all businesses. 
• Payment for leave has changed from Relevant Daily Pay to Average Daily Pay. An employer may use the new Average Daily Pay calculation where it is not possible or practicable to determine relevant daily pay, or where the employee’s daily payment varies within the pay period in which the holiday or leave falls.  Average Daily Pay is gross earnings (over last 52 weeks) divided by the number of days worked over that period.
• Employees can apply in writing to have up to one weeks annual leave cashed up (the employer can decline the request).  This will only affect annual holiday entitlements that fall on or after 1 April 2011.
• By agreement Public Holidays can be transferred to another day.
• Taking alternative holidays – Where an employer and employee cannot agree on what day the alternative holiday should be taken, employers now have the final say, on a reasonable basis, as to when an alternative holiday is taken. Employers will be able to give employees 14 days notice of when they require them to take the alternative holiday.
• Asking for proof of sickness or injury.  Employers can request proof of sickness or injury within three consecutive days of an employee taking sick leave. 

Our recommendation is that these changes be communicated to staff via your normal internal communication channels. This will ensure that all employees have been made aware and further detail can be provided to those who request more information.

For more detailed and information please click on the link below.

http://www.ers.dol.govt.nz/updates/guide-legislation-changes/guide-er-and-holidays-changes.pdf

If you have any questions, please feel free to contact EQ Consultants.

After the devastation caused by Canterbury’s latest earthquake and its subsequent aftershocks, many employers are now questioning what their rights and responsibilities are in relation to staff. This edition of  “The Advocate” will outline the issues which employers need to give consideration to in this regard and  provide information which is available at this time.

 PRAGMATIC APPROACH:

While the current situation raises a number of legal issues which have not been the subject of Court determinations (at this stage!) and may not be specifically provided for in your employment agreements, we would suggest that employers adopt a pragmatic approach to dealing with specific issues affecting their workplace and employment relationship with staff. In a large number of scenarios, employers, employees (and their representatives/union) will be able to reach an agreement on a viable solution to deal with the various scenarios facing the workplace as a result of the impact of the earthquake.

 The current situation we are all facing makes it imperative that employers and employees maintain a continued dialogue; with employers providing advice as to whether work will be available and employees communicating their ability to employers to attend workplaces.

 The best solution to any particular issue which you may currently be facing may be to attempt to reach an agreement with your employees and clearly ongoing communication will be most likely to facilitate this.

EMPLOYMENT AGREEMENTS:

In the first instance however you need to review the terms of your employment agreements to determine whether there is express provision concerning the situation which you are facing. Some employment agreements have business interruption or force majeure clauses which provide that the employer may cease paying employees when the business is unable to operate (either temporarily or permanently) for reasons beyond the employer’s control.  A natural disaster, such as a major earthquake, will likely trigger such clauses.  In the circumstances where your employment agreement does not contain provisions which directly cover your situation the following options may be available to employers to deal with the situation:

Frustration of Contract:

In circumstances where as a consequence of the earthquake, you are unable to provide work and/or have reached a decision to cease operating a business, it is arguable that the doctrine of frustration is applicable to the situation. The doctrine of frustration releases a party from its contractual obligations when an unforeseen event, such as a devastating earthquake, renders the contract impossible to perform. Due to the doctrine being an exception to an otherwise absolute rule, it has a very high threshold and, once reached and enforced, means the employment agreement is at an end and wages are therefore no longer payable. 

For employers whose premises has been totally destroyed or badly damaged to the extent that the employer will not be resuming business for a long period of time, if at all, the doctrine of frustration may be relied upon to terminate employment agreements and/or to cease paying employees for an interim period to allow for the repair of workplaces. The doctrine of frustration will likely only be able to be relied upon in rare and extreme circumstances and we would urge you contact us to seek advice if you want to canvass your ability to rely upon ‘frustration’.

Redundancy:

In circumstances where you consider that some or all of your staff may be surplus to your ongoing operational requirements you may initiate a process to restructure your current staffing levels. The standard obligation to consult will apply.

 The current circumstances in Christchurch would mean the consultation process could be undertaken relatively quickly, but it will of course be dependent upon on a business’s individual circumstances, including factors such as whether the employer has business interruption insurance which may cover staff wages or business income. In any event, insurance companies will usually require employers to act prudently and mitigate losses which would likely include making staff redundant where necessary.      

Business is not yet Operational:

In circumstances where work cannot be undertaken temporarily because of damage to the workplace and/or it is unsafe for staff because your workplace is inside the red zone, the issue arises as to whether employees who are not required to attend work because of this reason are entitled to be paid.  As a general rule, if an employee is willing and able to work, the employer is obliged to provide the employee with work and to pay the employee accordingly, even though a business may not be operating.  However there are a number of options to deal with this, these include:

• Check your insurance policies you may have business interruption insurance, which covers payment of wages for a period of time.

• Employees may agree to take a portion of their annual leave or you could give 14 days’ notice to take annual leave in circumstances where agreement cannot be reached. 

• Seeking employees’ agreement to a reduced pay scheme until the business is fully operational. 

• Seeking employees’ agreement to work part-time where such work is available, perhaps at a different location or from home and/or potentially carrying out alternative duties, for example, cleaning.

Work Available:

Employees not returning to work. If an employee is unable to come into work because he or she is sick or injured or needs to care for a spouse, child or other dependant who is sick or injured, the employee may be entitled to sick leave in accordance with the Holidays Act 2003 or any more beneficial provisions provided for in an employment agreement.

If the business is operational, and there are no safety issues, and the employee simply refuses to return to work then payment of wages will not be required to be made unless agreement can be reached to use annual/special and/or unpaid leave. Absence that is protracted may necessitate disciplinary action or possibly termination of employment due to abandonment. 

HEALTH AND SAFETY ISSUES:

Employers have a duty under the Health and Safety in Employment Act (HSE) to take all practicable steps  to ensure the safety of their employees whilst at work. In many cases, employers may need to engage experts to assess whether the workplace buildings are safe. Employees can refuse to work under the HSE if they have reasonable grounds to believe that the work that they are required to undertake is likely to cause them serious harm (e.g. working in a damaged building which has not been assessed by an engineer). However, employees with these types of concerns are obliged  to discuss them with their employer, and in the absence of a clearance from an engineer the parties may reach an agreement on possible solutions, such as working outside of the building concerned, in another building they are comfortable with, or working from home.

 GOVERNMENT SUPPORT PACKAGE AND OTHER ASSISTANCE:

 The Government has announced an Earthquake Employment Support Package which provides financial assistance to employers and employees in Canterbury affected by the 22 February 2011 earthquake and aftershocks. The scheme is run by Work and Income New Zealand and there are two options to choose from:

 1.  Earthquake Support Subsidy – a payment for employers who want to maintain the employer/employee relationship and needs to take time to consider the business viability.

2.  Earthquake Job Loss Cover – a payment for employees where the employer has decided not to continue their business and employees are no longer able to work and/or receive a wage.

 For questions and answers on the earthquake support package visit www.workandincome.govt.nz or call WINZ on 0800 559 009.

Information courtesy of McPhail, Gibson & Zwart Limited.

Key employee retention is critical to the long term health and success of your business. Managers readily agree that retaining your best employees ensures customer satisfaction, product sales, satisfied co-workers and reporting staff, effective succession planning and deeply imbedded organizational knowledge and learning. If managers can cite these facts so well, why do they behave in ways that so frequently encourage great employees to quit their jobs?

Employee retention matters. Organizational issues such as training time and investment; lost knowledge; mourning, insecure co-workers and a costly candidate search aside, failing to retain a key employee is costly. Various estimates suggest that losing a middle manager costs an organization up to 100 percent of his / her salary. The loss of a senior executive is even more costly. I have seen estimates of double the annual salary and more.

Employee retention is one of the primary measures of the health of your organization. If you are losing critical staff members, you can safely bet that other people in their departments are looking as well. Exit interviews with departing employees provide valuable information you can use to retain remaining staff. Heed their results. You’ll never have a more significant source of data about the health of your organization.

• The quality of the supervision an employee receives is critical to employee retention. People leave managers and supervisors more often than they leave companies or jobs. It is not enough that the supervisor is well-liked or a nice person, starting with clear expectations of the employee, the supervisor has a critical role to play in retention. Anything the supervisor does to make an employee feel unvalued will contribute to turnover.

• The ability of the employee to speak his or her mind freely within the organization is another key factor in employee retention. Does your organization solicit ideas and provide an environment in which people are comfortable providing feedback? If so, employees offer ideas, feel free to criticize and commit to continuous improvement. If not, they bite their tongues or find themselves constantly “in trouble” – until they leave.

• Talent and skill utilization is another environmental factor your key employees seek in your workplace. A motivated employee wants to contribute to work areas outside of his / her specific job description. How many people could contribute far more than they currently do? You just need to know their skills, talent and experience, and take the time to tap into it. As an example, in a small company, a manager pursued a new marketing plan and logo with the help of external consultants. An internal sales rep, with seven years of ad agency and logo development experience, repeatedly offered to help. His offer was ignored and he cited this as one reason why he quit his job. In fact, the recognition that the company didn’t want to take advantage of his knowledge and capabilities helped precipitate his job search.

• The perception of fairness and equitable treatment is important in employee retention. In one company, a new sales rep was given the most potentially successful, commission-producing accounts. Current staff viewed these decisions as taking food off their tables. You can bet a number of them are looking for their next opportunity.In another instance, a staff person, just a year or two out of university, was given $20,000 in raises over a six month time period. Information of this type never stays secret in companies so you know, beyond any shadow of a doubt, the morale of several other employees will be affected.

• When an employee is failing at work, I ask the W. Edwards Deming question, “What about the work system is causing the person to fail?” Most frequently, if the employee knows what they are supposed to do, I find the answer is time, tools, training, temperament or talent. The easiest to solve, and the ones most affecting employee retention, are tools, time and training. The employee must have the tools, time and training necessary to do their job well – or they will move to an employer who provides them.

• Your best employees, those employees you want to retain, seek frequent opportunities to learn and grow in their careers, knowledge and skill. Without the opportunity to try new opportunities, sit on challenging committees, attend seminars and read and discuss books, they feel they will stagnate. A career-oriented, valued employee must experience growth opportunities within your organization.

• A common place complaint or lament I hear during an exit interview is that the employee never felt senior managers knew they existed. By senior managers I refer to the GM or Business Owner of a small company or a department or division head in a larger company. Take time to meet with new employees to learn about their talents, abilities and skills. Meet with each employee periodically. You’ll have more useful information and keep your fingers on the pulse of your organization. It’s a critical tool to help employees feel welcomed, acknowledged and loyal.

• No matter the circumstances, never, never, ever threaten an employee’s job or income. Even if you know layoffs loom if you fail to meet production or sales goals, it is a mistake to foreshadow this information with employees. It makes them nervous; no matter how you phrase the information; no matter how you explain the information, even if you’re absolutely correct, your best staff members will update their resumes. I’m not advocating keeping solid information away from people, however, think before you say anything that makes people feel they need to search for another job.

• I place this final tip on every retention list I develop because it is so key and critical to retention success. Your staff members must feel rewarded, recognized and appreciated. Frequently saying thank you goes a long way. Monetary rewards, bonuses and gifts make the thank you even more appreciated. Understandable raises, tied to accomplishments and achievement, help retain staff. Commissions and bonuses that are easily calculated on a daily basis, and easily understood, raise motivation and help retain staff. Annually, I receive emails from staff members that provide information about raises nationally.

Take a look at your organization Are you doing your best to retain your top talent? Employ these factors in your organization to retain your desired employees and attract the best talent, too.

- Exceptional Entry Level Role

- Hornby Location

Established in 2001, this is a company built on the values and innovation that have made New Zealand a world leader in dairy production.

Their role is to source high quality, bulk cheese and butter from local South Island suppliers and transform it into added-value consumer products for an ever increasing clientele of supermarkets, convenience stores and other retail outlets throughout New Zealand and Australia.

Reporting to the Office Manager, an exceptional opportunity has become available to join this fast growing company in a reception / administrator role. Key tasks include;

-          Office Administration

-          Reception Duties

-          Data Entry

-          General Office Support

Previous experience in a similar role is preferred along with experience using Microsoft Excel and MYOB.

The success of this organisation is based on their philosophy in providing high quality products to markets through innovation and quality driven business and production practices. Modern offices, a friendly team and excellent support make this an opportunity not to be missed.

To register your interest, please contact Lily Uitslag on (03) 366-4034 or email l.uitslag@eqconsultants.co.nz.

After the Earthquake – Department of Labour Advice

As the clean up continues and more businesses look to return to operation following last Saturday’s earthquake in Canterbury, there is a range of health and safety and employment relations issues that employers and employees may be considering.

The advice here is designed to help businesses and their employees make good, safe, sensible and practical decisions in this difficult time.

1)                       HEALTH AND SAFETY

Don’t rush in.  Stand back and make a sensible, safe plan for re-opening your workplace.  Here’s a basic checklist of things you should consider before you open your workplace door:

If you don’t have the expertise to check these things in-house, get an expert in to assist you

• Check for basic building structural stability
• Note the City Council classifications: red placards for no entry, yellow for restricted use and green for no restrictions on a building’s use.
• Check for basic sanitation, eg running contamination free water.
• Check that toilets are working.
• Check that emergency egress and support equipment hasn’t been compromised.
• Check for live electrical cables, or gas leaks.
• Check the integrity of the water and sewage lines.
• Check for unstable stock, equipment or machinery inside the building.
• Check for chemical spills.
• Check security issues – refer to the NZ Police or your security firm if you have concerns.
• A full hazard identification should be made and plans to eliminate, isolate and minimise hazards where practicable.
• Remember it is quite likely there are new and unusual hazards in your place of work that didn’t exist last  Friday. Your current hazard register should be considered inadequate.

Recognise that the RIGHT DECISION is the SAFE DECISION

Make yourself aware of any requirements of the authorities (Civil Defence, regional and local authorities etc) and act in accordance with those requirements

As a business owner or manager, the Health and Safety in Employment Act requires you to provide a safe workplace for your employees, contractors you might engage and others who might be entering your premises, eg shoppers.

Employees also have a responsibility to ensure their own safety.

2)                        EMPLOYMENT RELATIONS MATTERS

• The key is communication.  This is an unusual situation, and much of it is probably not covered by  employment agreements.  It is very important that employers and employees are talking to each other.
• Be flexible.  This is a time for employers and employees to be understanding and to take a  commonsense approach to getting business up and running again.
• If employers are asking employees to do work they don’t normally do (for example, clean-up work), both  sides need to ensure they’re comfortable with this, and safety must be top priority.
• People may want to focus on family rather than work.
• Working with staff health and safety representatives and union representatives will be of assistance in some work places.
• Work together to find practical solutions.
• Recognise that this has been a significant event.
• People will react differently in the aftermath- some may need extra support.
• Many will want to focus on caring for their family/whänau.
• Others will be best supported by assisting to get things up and running.
• An individual employee has the right to refuse to do work they consider unsafe.  Discuss the work and  the concerns before it gets to this point. If you have decided it is safe share your knowledge and  reasoning with staff  alongside the decision

Additional Information:

Who decides if workers have to go to work if it is open?

Employers and employees should talk to each other about what is happening with the workplace.  Discuss and reach an appropriate agreement.

If a staff member needs to stay home to look after their family – how does that work?

Both parties should take a practical approach to this situation.  Employers should discuss the employee’s needs in these circumstances, recognising the unique nature of the event, the disruption it has caused and the need for flexibility.

Whose responsibility is it to ensure the workplace is safe?

This is the responsibility of the employer under the Health and Safety in Employment Act.  The employer may need to obtain expert information to ensure safety and /or reassure employees of workplace safety.

Your staff can’t get into work today for good reason. Does the employer have to pay? Work was closed yesterday.  Does the employer have to pay wages for that day?

The earthquake caused a range of damage to businesses in the Canterbury region and it may take time for workplaces to be able to reopen. Employees and employees should be talking to each other about pragmatic solutions to help recovery. While generally wages are payable if the employee is able and willing to perform work and work is available, what this means in each individual circumstance is likely to differ.

An employer and employee should look to their employment agreement to see if there are options available during the recovery. It may be that alternatives such as working from home are available. Employees and employers may also agree to temporary arrangements that are additional to or different from their current employment agreement if they think this will be of benefit.

The Holidays Act provisions may be applicable also. An employee can take sick leave if they, their partner, or their dependents are injured or sick and the employee has sick leave available. An employer can also require an employee to take annual leave if the both of you cannot reach agreement as to when the leave will be taken and the employer gives the employee at least 14 days’ notice. This only applies to annual leave that the employee is entitled to on each anniversary of the date they commenced employment. If an employee refuses to take annual leave on less than 14 days’ notice an employer cannot require them to.

It may be that the employer’s business is unable to keep operating, closes permanently, and employment is terminated. In these circumstances, employers may need to consider making staff redundant. In that case, the procedures on consultation, good faith and other relevant matters in the Employment Relations Act apply along with other employment agreement obligations. It is important to get advice at this point including on any financial assistance that may be provided in the context of the earthquake damage.

In all situations, whether the business is likely to recover, or has to shut permanently, any changes to the employment agreement covering wage payments or redundancy need to be agreed to by both the employer and the employee before implementation.

There may be financial assistance that Work and Income can offer in hardship circumstances, including recently announced support for small businesses and their employees. Work and Income can be contacted on 0800 779 997 or www.dol.govt.nz/quake2010/.

-          Community involvement and focus

-          Career opportunity

The Canterbury Community Trust was established in 1988 as a charitable trust, with the purpose of providing charitable, cultural, philanthropic and recreational benefits to the community. The Trust serves Canterbury (North of the Rakaia River), the Nelson and Marlborough regions and the Chatham Islands.

Reporting to the Trust Manager, The Trust is looking to appoint a Financial Administrator to join their existing team of eight. Key responsibilities of the role include;

-          Manage the administrative functions associated with processing donation applications.

-          Responsible for Accounts Receivable and Payable.

-          Process bank reconciliation.

-          Preparing financials to trial balance.

-          Developing financials reports for the Trust Manager to present to the board.

No formal qualification is required however previous experience in a similar role is essential. This role offers the opportunity to carve out a career with a respected and community focused organisation. Engagement with community groups will be involved so an embracive and empathic approach is essential. Also, this close knit team requires a team player that is prepared to work in an environment where support with tasks outside of their span of responsibility is sometimes called upon.

For the successful candidate a supportive environment, competitive salary and exceptional premises are available.

For further information, or to submit an application, please contact Steve Kennedy at (s.kennedy@eqconsultants.co.nz) or Lily Uitslag (l.uitslag@eqconsultants.co.nz) phone (03) 366-4034.

In March last year the National Government introduced a change to the Employment Relations Act which allows some employers to have a “free look” at new employees.  The amendment (s67A and (B)) permits staff to be taken on for a 90 day trial period and, provided notice is given before the expiry of that period, the employment can be terminated without the possibility of a personal grievance being faced by the employer.

There are some important things to note for employers seeking this protection:

• It is only available to employers who employ 20 employees or less (including the new employee).  There is a possibility that this limit will be extended to larger employers but at present the limit remains at 20.
• It does not apply to employees who have been employed by the employer before (so consecutive trial periods for the same employee cannot be utilised)
• The employment agreement must contain an appropriately worded provision – that is it does not apply to all new employees – unless they have a suitable clause in their agreement.
• The protection against grievances relates to unjustified dismissal claims only and does not prevent grievance in respect of unjustified disadvantage, sexual or other harassment, duress or discrimination.

The expressed policy behind the change is to give employers who fit the criteria confidence to employ someone on trial, knowing that if they don’t work out, they will not be facing legal action.   So employees who may, at first glance, appear of dubious worth can nevertheless be given a chance to prove themselves when this is unlikely to have happened otherwise.  It also prevents employees (and there have been some…) from bringing unmeritorious grievances after lasting only a short time – in the hope that the employer will pay out just to make the case go away.

Time will tell as to whether this change in fact results in the desired benefits – but in the meantime employers should be aware of its existence and take the necessary step of reviewing their employment agreements to take advantage of the protection.

Pacific Trust Canterbury (PTC) deliver a unique combination of integrated health services to the Pacific, and other ethnic groups, throughout the region. Working closely with patients, interest groups and government agencies exceptional opportunities exist for a Clinical Director and General Practitioner.

These cultures are a vibrant, engaging and inclusive part of Canterbury’s society but like all sectors of our community, health and wellness challenges exist. Through education, engagement, analysis, treatment and leadership; restoring, maintaining and improving the health and wellbeing of these communities can be achieved.

Clinical Director: PTC seek a motivated, talented and strategic thinker to join the executive team and bring about positive change and outcomes through intervention and sustainable health practices. Overseeing a team of four health professionals, and part of a wider group of 35, you will work closely with the CEO and Board to achieve and exceed the agreed outcomes of the organization, community groups and funding partners.

Previous experience in the following would be of value;

-          Team leadership.

-          Strategy design and execution.

-          Development of relationships internally and externally with a diverse range of parties.

-          Overseeing and managing budgets.

-          NZ trained and medical registered with a passion for positive health outcomes.

General Practitioner: This progressive and community focused organisation will allow you to create a difference through the skills and medical experience you bring. The outcomes to be delivered by Pacific Trust Canterbury will give you the opportunity to work in an integrated health environment and the objectives of the organisation will provide you with the opportunity to advance your career.

The organisation seek an individual whom;

-          Holds New Zealand medical registration.

-          Works well in a team environment where the opinions of all are valued.

These opportunities will provide reward and recognition in a sector of the community that value tradition, support and family. People are sought who wish to invest their time and expertise to bring about positive change. An experienced and supportive CEO and Board are in place, whom will provide the necessary direction and guidance.

To inquire further about these roles please email or contact in confidence Steve Kennedy on (03) 366-4034 or s.kennedy@eqconsultants.co.nz.