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Autumn with me at Marbles: Graduation, Hawaii, and Key changes for employers

Welcome to the Autumn edition of the ‘Marbles’ newsletter. As the leaves turn and the days get crisper, things are anything but slowing down here, both personally and professionally. Still, I wanted to take a moment, as these seasonal newsletters are brief but important check-ins.

By the time you read this, I’ll be close to starting to pack my bags (and the cheer bows and daughters’ teenage anxiety) for Hawaii, where my 13-year-old is competing at the Global Games Cheer Championships. Watching her journey through elite sport over the years has been one of the greatest privileges of my life, and honestly, has taught me some of the greatest lessons. The late-night practices, relentless training schedules, the injuries, the setbacks, the tears, and the wins that came after months of grind, all of it has reshaped how I think about resilience.

I have learnt so much from watching her and supporting her – resilience isn’t about bouncing back unscathed. It’s about showing up the next day, doing the reps, and trusting the process even when results aren’t immediate. It’s a lesson I carry into every workplace I work with. Whether we’re navigating a restructure, a tricky personal grievance, or building a culture from the ground up, the principles are the same: consistency, courage, communication, and the willingness to keep going when things get hard.

A personal milestone
I’m also delighted to share that I recently graduated with my Master of Arts in Psychology (Organisational). Whilst I don’t get to have a graduation ceremony (as we’ll be in Hawaii during grad week), I did graduate through the university committee process and had a night out with my family to celebrate. It’s been a long road alongside running the businesses and family life, and I was so proud when I got that certificate. No doubt it will probably take 2 years to get it framed!

My thesis explored ‘Imposter Syndrome in High-Achieving Women, and the Organisational Factors that influence it.’ It’s a topic close to my heart, and what the research confirmed is that Imposter Syndrome isn’t simply an individual confidence issue to be “fixed” by the women experiencing it. Organisational systems, cultures, and leadership behaviours, things like inconsistent feedback, lack of transparency around progression, and cultures that reward overwork as proof of worth, actively reinforce it. The implications for organisations are significant, and this research has sharpened the lens I bring to my client work, particularly around leadership development, feedback systems, culture reviews, and supporting women through career transitions. I’m excited to fold these insights into the advice and strategies I provide going forward – a heartfelt thank you to those of you who have supported me along the way.

Ngā mihi
Jaime

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Reflecting this ANZAC Day

As this newsletter lands close to ANZAC Day, I wanted to take a moment to acknowledge it.

ANZAC Day holds particular significance in our whānau. My husband currently serves, my mother and father both served, and the thread of military service runs back through generations on both sides of my family, my paternal grandfathers, great-grandfather, uncles, and many others who answered the call across different eras and conflicts. Living alongside service has given me a deep appreciation for what military families carry, often quietly, and for the values that shape that life: duty, sacrifice, loyalty, and an unshakeable commitment to the person standing next to you.

There’s something powerful about a nation pausing together to remember. Whether you attend a service, observe a moment of silence, or simply take a quiet moment with whānau, ANZAC Day invites us to reflect on courage, sacrifice, and the people who came before us. For me, it’s also a moment to honour those still serving today – my husband, my mates, and the families who serve alongside them.

The themes of ANZAC Day, resilience, mateship, and standing alongside one another in tough times feel especially relevant in the workplaces I support. The best cultures I see are ones where people genuinely have each other’s backs. Where leaders make space for the human moments, not just the KPIs, where “she’ll be right” is balanced with “are you actually alright?”
This ANZAC Day, I’ll be reflecting on those values.

Lest we forget.

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What Employers need to know: Legislative Changes & Compliance Roundup

Autumn 2026 brings a massive raft of legislative changes that every employer needs to be across. Here’s a high-level summary of what’s happening and what it means for you.

1. KiwiSaver changes (effective 1 April 2026)

The default KiwiSaver contribution rate has lifted from 3% to 3.5% for both employees and employers. A further increase to 4% is scheduled for 1 April 2028.

A few key things to be aware of:

• Employer contributions are now compulsory for eligible 16 and 17-year-old employees. If you have young staff on the books, payroll needs to be configured to capture them.
• Employees can apply through Inland Revenue for a temporary rate reduction (back to 3%) for between 3 and 12 months. If they do, you can choose to match that reduced rate or continue contributing at 3.5%.
• If you use a “total remuneration” approach (where the employer KiwiSaver contribution is bundled into salary rather than paid on top), now is the time to double-check this won’t push any employees below the new minimum wage.

What you need to do – Confirm your payroll provider has updated settings, review any total remuneration arrangements, and budget for the increased cost.

1. Minimum wage increase (effective 1 April 2026)

The adult minimum wage has risen from $23.50 to $23.95 per hour. The starting-out and training minimum wage has lifted from $18.80 to $19.16 per hour.

For a full-time employee on the adult minimum, that’s around $18 more per week, or $936 per year before tax.

What you need to do – Update payroll, send a written variation letter to any affected employees, and consider whether wage relativity in your team needs adjusting so your more experienced staff don’t end up sitting too close to the new floor.

1. Employment Relations Amendment Act 2026 (in force from 21 February 2026)

This is the most significant overhaul of employment law in years, and it shifts the balance meaningfully. Four core changes you should be aware of:

• Specified contractor “gateway test”: A new statutory test determines when someone is genuinely a contractor rather than an employee. If a working arrangement meets all the criteria (written agreement, freedom to work for others, no requirement to be available at set times, etc.), the worker is a contractor and can’t later challenge that classification. If it doesn’t meet the gateway test, the old “real nature of the relationship” assessment still applies.
• High-income threshold: Employees earning $200,000 or more in total remuneration can no longer raise a personal grievance for unjustified dismissal, unless they’ve expressly contracted back in. There’s a 12-month transitional period for existing employees above this threshold.
• Personal grievance remedies: Where an employee’s own behaviour contributed to the situation, remedies (including reinstatement and compensation for hurt and humiliation) can now be reduced by up to 100%. Serious misconduct removes remedies altogether.
• The 30-day rule is gone: New non-union employees no longer need to start on collective agreement terms for their first 30 days. You can negotiate individual terms from day one (though you still need to provide a copy of any applicable collective agreement).

What you need to do – Review your employment agreement templates, contractor agreements, and disciplinary processes. If you have high earners, the next 12 months is a window to renegotiate terms.

1. Privacy Act changes: IPP3A (effective 1 May 2026)

This one is flying under the radar for many employers, but it’s important.

A new Information Privacy Principle, IPP3A, requires you to take reasonable steps to notify individuals when you collect their personal information indirectly, that is, from a source other than the individual themselves.

For employers, this commonly applies when you:

• Collect employee information from third parties such as payroll providers, recruitment agencies, reference checkers, or background screening services.
• Receive information from another agency, like Inland Revenue or a KiwiSaver provider.
• Use third-party tools (think benefits administrators, time and attendance systems, or HR platforms) that collect employee data on your behalf.

You’ll need to ensure individuals are told who is collecting their information, why, who holds it, and their rights of access and correction. There are exceptions (for example, where the individual has already been notified, or where notification isn’t reasonably practicable), but the default expectation is transparency.

What this means for working with me: I can help you audit your data flows, update privacy notices and employment agreements, review your third-party contracts, and build IPP3A-compliant processes into your onboarding. The 1 May deadline is approaching, so it’s important to have this on your task list.

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Tip of the Season

Check in properly, not just casually.

As we head into the cooler months, energy levels dip, daylight shrinks, and the “how are you?” passing in the corridor often gets answered with an automatic “good, thanks.” For leaders, this is the season to go deeper.

A proper check-in doesn’t need to be a formal wellbeing meeting. It’s about creating the space for a real answer. A few things that work:

• Ask twice. “How are you?” followed by “no, really, how are you?” sounds simple, but it signals you actually want to know. T
• Be specific. Instead of generic questions, try “what’s been on your mind this week?” or “what’s draining you at the moment?” Specificity invites honesty.
• Watch for changes, not problems. Often, the signal isn’t someone saying they’re struggling; it’s a shift in pattern. Quieter in meetings, slower responses, declining things they’d usually say yes to. Notice it and gently name it.
• Make it routine, not reactive. Check-ins that only happen when something is wrong teach people to mask. Regular, low-stakes conversations build the trust that makes the harder ones possible.

If your leaders aren’t sure how to have these conversations, or your culture defaults to “she’ll be right,” it might be time for some targeted leadership development. Get in touch if that’s a conversation you’d like to have.

Welcome to the Summer 2025 newsletter. As we head into the festive season, this edition is focused on helping you enjoy the celebrations while still keeping your workplace safe, compliant, and people focused.

Inside, I cover a few timely topics, including the realities of post Christmas party “impairment” and what employers can and cannot do around drug and alcohol testing (an ever real issue at this time of the year). I also step through annual close-down rules and the payroll traps that often show up around public holidays, with practical reminders to help you avoid costly errors.

On a personal note, I am proud to share that Marbles was recognised with a Highly Commended placing at the North West Country Business Awards. Thank you to everyone who has supported us this year, whether you have worked with us, referred us, voted, or simply cheered us on.

Finally, a gentle reminder as you approach your break. Work can wait (well mostly!). This season is a chance to rest, reset, and set boundaries that support your well-being into the New Year.

Whatever you are doing, or going (or not going!) – I wish you the best. I will be enjoying quiet time at home with my family.

Merry Christmas, Meri Kirihimete, and Manuia le Kirisimasi to you and your whānau. I wish you a safe, restful holiday season and I look forward to reconnecting in 2026.

Ngā mihi nui,
Jaime 

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Christmas Closure

Wishing everyone a joyful and restful Christmas break! 🎄✨

The office will be closed from 24th December through to 11th January, reopening on Monday 12th January.

I have exciting news, that from February 2026, I will have an office in Avondale, and will have a space closer to a number of my central Auckland clients! (Whilst still also having my space in Huapai). I will share these details in the new year.

I hope you enjoy this special time with family and friends, and return refreshed for the year ahead. Thank you for your support throughout the year – we look forward to reconnecting in 2026!

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Post Christmas Party Perils

Christmas party season is upon us, and are a valued tradition in many Kiwi workplaces, but they can raise important questions about safety and employer responsibilities in the following days.

Under the Health and Safety at Work Act 2015 (HSWA), employers must take all reasonably practicable steps to ensure workers are not impaired while carrying out their duties. This includes managing risks from alcohol or drugs in workplace functions. Therefore, an employer might want to consider testing for drugs and alcohol the following day – especially in safety sensitive roles. Testing the day after a party is not about limiting enjoyment, but about ensuring staff can perform safely and protecting against a range of risk (to self, to others, to the business).

In New Zealand, drug and alcohol testing is only lawful if it is clearly set out in employment agreements or workplace policies and applied fairly. Random or post‑event testing is generally justified only in safety sensitive roles such as driving, operating machinery, or performing tasks where impairment could cause harm. When considering the option for testing, employers should consult with staff when developing policies, and must ensure testing methods are scientifically valid, and that employee rights are respected under the Employment Relations Act 2003 and Human Rights 1993 Act. Without a clear policy, or being stated in employment agreements, testing the day after a Christmas party could expose an employer to legal challenge.

From a cultural perspective, the way testing is handled matters just as much as the legal framework. Employers who communicate expectations before the party, promote responsible drinking, and provide support such as transport options or flexible duties the next day are more likely to maintain trust and morale.

A balanced approach ensures festive celebrations remain enjoyable while keeping workplaces safe. In short, NZ employers can test after a Christmas party if their policies/employment agreement allow it and the role demands it, but transparency, consultation, and fairness are essential.

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North West Country Business Awards

We are proud to announce that Marbles was recognised with a Highly Commended place at the 2025 North West Country Business Awards (Business & Professional Services). The North West Country Business Awards celebrate excellence across a wide range of industries, shining a spotlight on businesses that demonstrate outstanding performance, creativity, and customer service. We were so proud to be recognised among such strong competition.

This placing not only reflects the strength of Marbles but also the support we receive from our loyal customers and partners. We are excited to continue building on this success in 2026 and thank you all for your support, and votes. 

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Annual Closedown Rules

As the year draws to a close, many New Zealand businesses implement an annual closedown period, usually over Christmas and New Year period.

Under the Holidays Act 2003, employers are entitled to require employees to take annual leave during a closedown, provided they give at least 14 days’ written notice. This ensures staff can plan ahead and employers can manage operations consistently. If an employee has not yet accrued enough annual leave, they may be required to take leave in advance or unpaid leave, depending on the terms of their employment agreement. Importantly, businesses can only have one closedown period per year that applies to the whole workplace or a specific part of it.

For employees who become entitled to annual leave during the closedown, the Act requires that their leave entitlement is reset to the closedown date. This means their anniversary for future annual leave accrual shifts to align with the closedown. Employers should communicate this clearly to avoid confusion, especially for new staff who may not yet have completed 12 months of service. Transparency around entitlements and obligations helps maintain trust and compliance.

Public holidays falling within the closedown period add another layer of complexity. Employees are entitled to a paid public holiday if the day would otherwise be a working day for them. For example, if Christmas Day or New Year’s Day falls on a day the employee would normally work, they must be paid at their relevant daily pay or average daily pay. If the holiday falls on a day that is not normally worked, no payment is required. Employers should carefully assess “otherwise working days” to avoid payroll errors and disputes.

One common mistake is miscalculating pay rates for employees who work on a public holiday. The Holidays Act requires that employees working on a public holiday be paid at least time‑and‑a‑half for the hours worked, plus receive an alternative holiday if the day would otherwise be a working day. Payroll systems must be configured correctly to apply these rules, and managers should double‑check calculations to ensure compliance. Errors in this area can quickly lead to grievances or penalties.

Another payroll pitfall is failing to distinguish between annual leave payments and public holiday entitlements. Annual leave is paid at the greater of the employee’s ordinary weekly pay or average weekly earnings, while public holidays are paid at relevant daily pay or average daily pay. Mixing these calculations can result in underpayments or overpayments. Employers should train payroll staff and use reliable systems to ensure the correct formula is applied in each case.

Ultimately, the key to avoiding mistakes is preparation. Employers should review their closedown policies well before the holiday season, provide clear written notice to staff, and audit payroll settings to ensure compliance with the Holidays Act 2003. By combining proactive communication with accurate pay calculations, businesses can navigate the festive season smoothly, ensuring employees are treated fairly while meeting legal obligations.

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Work Can Wait …..

The holiday season is a chance to pause, recharge, and reconnect with what matters most outside of work. Yet many of us fall into the habit of checking emails or messages over this time, even when we’re supposed to be on a break. Setting clear boundaries during this time is not only good for your wellbeing, but it also ensures you return in January with renewed energy and focus. Work will still be there when you come back, but the opportunity to rest and reset is fleeting.

Healthy boundaries start with small, intentional choices. Try switching off notifications, setting an “out of office” message that reassures colleagues you’ll respond in the New Year, taking email clients off your phone, and giving yourself permission to fully disconnect. By modelling these behaviours, you also encourage your team to do the same, creating a culture where rest is valued as much as productivity. Remember: downtime is not wasted time it’s an investment in your resilience.

As you step into the New Year, take a moment for self‑reflection. Ask yourself:

• What do I want to carry forward from last year?
• What habits or pressures am I ready to leave behind?
• How can I create space for balance in my daily routine?

These three questions form a simple “January reset” that can guide healthier choices and help you align your work with your personal values.

Ultimately, the holiday break is about more than just time off, it’s about reclaiming balance and setting the tone for the months ahead. By drawing
clear lines between work and rest, you give yourself the gift of presence, whether that’s with family, friends, or simply in quiet moments of reflection. Work can wait; your wellbeing cannot.

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New Holidays Act – what we know about the proposed changes

The government plans to introduce the Employment Leave Bill early next year, replacing the Holidays Act 2003 with a clearer, more practical framework. The current law has long been criticised for being confusing and hard to apply, especially for employees with varied work patterns. The new Bill aims to simplify how leave entitlements are calculated and applied, making life easier for employers, payroll teams, and employees.

One of the proposed key changes is the shift to a daily entitlement model for annual leave. Instead of accruing leave in weeks, employees will earn and take leave in days, which should make calculations more straightforward, especially for part-time staff or those with irregular hours. The Bill also introduces a clearer test for what counts as a normal working day, helping to reduce disputes over public holiday entitlements.

The Bill also tackles one of the trickiest areas for payroll: how to calculate leave payments. It sets out standard formulas for ordinary weekly pay and average weekly earnings, which should help reduce errors and make compliance easier. There’s also more flexibility around closedown periods, and in some cases, employers will be allowed to pay out annual leave – though only under specific conditions to protect employee rights.

Another update for employees is around sick leave and bereavement leave, which will now be available from day one of employment. This change reflects a growing push for fairer treatment of new employees and better support during tough times. The Bill also ensures that employees returning from parental leave will receive their full annual leave pay, closing a long-standing gap in the current law.

For casual workers, the Bill introduces a leave compensation payment instead of accruing leave balances, which should simplify things for both employers and staff. There’s also a new requirement for clearer pay statements, so employees can easily see what leave they’ve earned and used. These changes are designed to boost transparency and reduce confusion across the board.

With all these updates on the horizon, businesses should start preparing now. That means reviewing payroll systems, checking employment agreements, and making sure HR and payroll teams understand what’s coming. Getting ahead of the changes will help avoid last-minute stress and ensure a smooth transition when the new rules kick in. 

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North West Country Business Awards

I am thrilled to share that Marbles has been nominated in the 2025 Northwest Country Business Awards! It’s an incredible honour to be recognised alongside so many inspiring businesses and individuals across our region.

With a win in both 2023 and 2024 (and no awards ceremony in 2024) – this will mean our third nomination in a row which we are so excited about. Nominations always mean a lot. Whether you’ve worked with us, cheered Marbles on, or simply followed our journey, thank you for being part of it.

The awards night is coming up soon, and I’ll be crossing my fingers! Win or not, I’m proud to be part of such a vibrant business community and grateful for the opportunity to celebrate this milestone.

Wish us luck and our sincerest thanks to those that have voted.  Voting has now closed, but if you want to learn more check out the post on our Facebook page https://www.facebook.com/marblespeopleandculture

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Managing Burnout and Balance

Spring often brings a sense of renewal with longer days, warmer weather, and a fresh burst of energy. But for many businesses, it also signals the start of a busy season. Projects ramp up, deadlines tighten, and the pressure to perform can quietly build. While this momentum can be motivating, it also increases the risk of burnout if we’re not careful.

Burnout isn’t just about being tired, it’s a deeper sense of depletion that affects motivation, focus, and wellbeing. And it doesn’t happen overnight. It creeps in when we ignore the signals: skipping breaks, saying yes too often, or pushing through without pause. That’s why spring is a great time to check in – with ourselves, our teams, and our workplace culture.

Leadership plays a huge role here. When leaders model healthy boundaries, prioritise wellbeing, and show empathy, it sets the tone for the whole organisation. It’s not just about managing workloads, it’s about creating a culture where people feel safe to speak up, take time off, and recharge without guilt. Sustainable workplaces aren’t built on hustle alone; they thrive on compassion, trust, and balance.

To manage burnout in busy seasons, start by setting clear boundaries around work hours and protecting time for breaks. Even short pauses during the day such as a walk, a quiet moment, a proper lunch can help reset energy and focus. Make space in your calendar, avoid back-to-back meetings, and be realistic about deadlines. These small shifts can make a big difference in how people feel and perform.

It’s also important to talk openly about stress and wellbeing. Check in with your team not just about tasks, but about how they’re doing. Celebrate small wins, acknowledge effort, and encourage time off when needed. Review your systems and workflows and determine if they are helping or hindering. Streamlining processes and removing friction can reduce stress and free up time for what matters most.

Spring may be busy, but it’s also a chance to reset – to lead with kindness, protect what matters, and build a workplace where people can thrive all year round. Balance isn’t a luxury; it’s a leadership strategy. And when we get it right, everyone benefits.

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ADHD Conference in December 2025

I’m incredibly honoured to have been invited to speak at the upcoming NZ ADHD Conference in Christchurch this December – a space dedicated to understanding, supporting, and empowering neurodivergent individuals and the communities around them. Being part of this event is not only a professional milestone, but a deeply personal privilege.

The ADHD Conference brings together educators, health professionals, advocates, and changemakers to share insights, challenge assumptions, and build more inclusive environments. To be included among such passionate and knowledgeable voices is something I don’t take lightly. It’s a chance to contribute to a conversation that matters, one that’s reshaping how we think about leadership, wellbeing, and workplace culture through a neurodiversity lens.

I’ll be speaking about ADHD at Work: Responsibilities, and Real Accommodations. Being invited to share this message at the ADHD Conference is a honour. It’s a reflection of the work I care about most, helping people feel seen, supported, and empowered to thrive. I’m looking forward to connecting with others who are equally passionate about creating positive change, and I’m grateful for the opportunity to contribute to such an important event.

Thank you to the organisers for this incredible opportunity. I can’t wait to be part of the kōrero and learn from the amazing speakers and attendees who make this conference so special.

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Spring Clean your People Practices

As the days get longer and the air a little warmer, spring brings the perfect excuse to freshen things up – and not just around the house. For business owners, it’s a great time to tidy up your HR foundations. Think of it like reviewing your business dashboard before the next quarter – a little clarity now sets you up for smoother decisions and fewer surprises.

Start with the essentials. Review your employment agreements and job descriptions to ensure they are still accurate and aligned with how your team works? Roles evolve, and so should the paperwork. Next, take a look at your policies, especially around leave, flexible work, and performance. Are they clear, current, and easy to follow? If not, now’s the time to refresh them.

Don’t forget the practical stuff: check expiry dates for certifications, first aid training, and licences. These often slip under the radar until they’re urgently needed. And while you’re at it, do a quick team member review – who’s due for development? Is there an opportunity for recognition? How is the health and wellbeing of the team going? A simple conversation can go a long way in keeping your team engaged and supported.

If you’re not sure where to start, Marbles offers HR audits and policy review support to help you spot gaps and strengthen your foundations. It’s all about making sure your people practices are fit for purpose – not just for spring, but for the seasons ahead.

A little HR spring cleaning now means fewer headaches later and a workplace that’s ready to thrive, what a way to close out 2025.

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Changes to Personal Grievance Laws in 2025

The Government is making key changes to the Employment Relations Act 2000 to provide businesses more flexibility in managing high-earning employees and Personal Grievances.  A new $180,000 income threshold will mean employees earning above this amount can no longer raise Unjustified Dismissal claims unless agreed upon in their contracts.  The Government have designed this change to the Act to help businesses ensure they have the right fit for senior leadership and specialist roles without the risk of costly legal disputes.  However, important to note is that that employees can still negotiate their own dismissal protections if they choose to.

Approximately 3.4% of the workforce will be affected by the $180,000 income threshold, which will be reviewed annually by the Government. As these reforms progress through the Employment Relations Amendment Bill in 2025, businesses should review their employment contracts to ensure they align with the new framework and provide clear dismissal procedures.

In addition to this, new measures will strengthen employee accountability in Personal Grievance cases.  Currently, employees who engage in Serious Misconduct, such as fraud, theft, or violence, can still receive financial compensation through Personal Grievances (if they have grievances for unjustified dismissal or unjustified disadvantage which are proven).  The Government plans to change this by removing all remedies for Serious Misconduct and limiting compensation if the employee’s behaviour contributed to the issue.  These reforms are aimed to reduce financial risks for employers and prevent Personal Grievance claims from being misused.

The changes also give the Employment Relations Authority and Employment Court more discretion in awarding compensation.  Employers will be protected from unfair financial penalties, with remedy reductions of up to 100% in cases where an employee’s actions contributed to their dismissal. Additionally, the threshold for procedural errors will be increased, which will hopefully work to reduce uncertainty for businesses when dealing with underperformance or misconduct.

This change to law means that employers should consider planning for updates to their employment agreements in the coming months.

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Tough conversations are never easy; here’s some tips to make them easier
 

Giving difficult feedback is never easy.  Over the years, I have had hundreds of difficult conversations on behalf of my clients.  I’ve found that approaching the conversation with empathy and clarity can make a big difference.  Here’s some of my tips on how to have the ‘big chats’.

• Approaching the conversation with empathy and clarity can make a big difference.  Start by creating a comfortable environment where your employee feels safe and respected.  Acknowledge their strengths first to set a positive tone, then transition into the specific issue by focusing on behaviours rather than personal traits.  The issues should always be observed (and never hearsay).  This helps keep the discussion constructive rather than feeling like personal criticism.
• When addressing the concern, be clear and direct while also showing understanding.  Explain the impact of the issue on the team, the business, or their own growth, and provide concrete examples to keep the feedback grounded.  Encourage an open dialogue by asking for their perspective; sometimes, there’s more to the situation than meets the eye.  This approach makes it a two-way conversation rather than just a one-sided critique.
• Finally, shift the focus toward solutions and support.  Work together to create an action plan, whether it’s additional training, clearer expectations, or regular check-ins.  Reinforce your confidence in their ability to improve and express your willingness to help.  When employees feel supported rather than judged, they’re more likely to engage positively with the feedback and take meaningful steps forward.
• Offer your employee a support person if the situation requires it, and allow them time to process the conversation; most people will be protective of themselves when difficult conversations are taking place, so keep that in mind and consider a follow-up meeting to discuss outcomes.
• Finally, don’t forget your human as well; difficult conversations can be tough on both parties, so be kind, be prepared (with bullet point notes if it helps!) and ensure you make notes of the outcomes and agreed action plans to keep you and your employee on the same page (and email a copy to your employee so they are clear too). 

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Without Prejudice Convos in the Workplace

I regularly get asked by clients – “can we have a ‘Without Prejudice’ chat with our challenging employee?” When I ask if they know what ‘Without Prejudice’ actually means and what the proper use is? My clients often don’t know. Without Prejudice chats are a risky legal mechanism to use (but also valuable if done in the correct way).
 

Understanding Without Prejudice Conversations
A without prejudice conversation is a confidential discussion aimed at resolving workplace disputes without statements being used in future legal proceedings.
 

When to Have Without Prejudice Conversations
Without Prejudice conversations can be useful when an employer and employee want to explore solutions to a workplace issue without worrying that what they say could be used against them later. They’re great for discussing settlement agreements, resolving disputes, or negotiating an exit in a way that works for both sides.  These conversations allow for open and honest discussions, often leading to quicker and less stressful resolutions.
 

When Not to Have Them
However, that being said, they shouldn’t be used in place of proper processes, like performance management or disciplinary meetings.  If there’s no real dispute (e.g. a grievance) or if it feels like a way to pressure someone into an agreement, then it’s probably not the right approach.  Issues like misconduct, bullying, or harassment should be managed through formal procedures to ensure fairness and legal compliance.  Furthermore, a Without Prejudice discussion cannot be entered into without permission from both sides.  An employer should only offer one if there is an actual dispute (e.g. a significant dispute or grievance raised); and ideally the employer would wait until the employee had asked for a without prejudice discussion.
 

Finding the Right Approach
It’s important to be clear on when these conversations are appropriate and to approach them fairly and respectfully.  If in doubt, getting advice can help. When used correctly, Without Prejudice, discussions can be a great tool for resolving tricky workplace situations while keeping things professional and constructive, but they must be done properly – I have seen them go wrong.

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Should AI be used to write legal letters to your staff?

While AI can be a useful tool for drafting general business communications, relying on it to write legal letters to employees can be risky. Legal matters require precision and are established on statute and legal precedent.  AI-generated content may miss important legal nuances or fail to align with specific employment laws.

Employment disputes, disciplinary actions, or contract changes (amongst other documents) must be carefully worded to avoid misinterpretation, unintentional bias, or non-compliance with legal requirements.  A poorly worded letter could leave a business vulnerable to legal challenges, grievances, or reputational damage.

Additionally, legal letters often require a human touch as they deal with sensitive situations that impact employees personally and professionally.  AI is known to struggle in conveying the right tone, particularly in delicate matters such as redundancies, dismissals, or performance concerns.  Employees deserve clear, fair, and empathetic communication, which AI alone cannot always provide.  Instead of relying on AI, businesses should use it as a drafting aid while ensuring final letters are reviewed and refined by a practitioner with legal knowledge.

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Get to know Jaime

Where did the name Marbles come from?

I had always thought there was a gap in the market for HR advice for small businesses.  Whilst there are some good companies out there offering automated HR dashboards and apps, many businesses didn’t know how to use a policy or have a hard conversation or what to say in a disciplinary, or other offerings were just too pricey and I saw businesses “losing their marbles. I knew there was a place for me in this space.

What inspired you to start your business, and how has it evolved over time?

My inspiration came when my daughter was young. I wanted to try and be with her as much as possible (especially as my husband travelled a lot with the Air Force at the time).  I wanted to be with her before school, after school, on sick days, and on holidays, I knew that owning my own consultancy would let me do that, as I could set my own rules, so I made it happen 😊  Over time, I have added a second brand (Jaime Rose – Employment Law Specialist) and shaped my offerings across both businesses.  I started off as a basic HR practitioner but now a large amount of my work is focussed in the employment law space and specifically disciplinaries, investigations, conflict and grievances.

What advice would you give your younger self, starting out in her career?

Gosh, where would I start?  I think the hardest thing for me professionally has been that I never knew I was neurodiverse (ADHD). I struggled in my 20s and 30s with burnout, illnesses, fatigue, anxiety and rejection sensitivity – and I had no idea as to why! This invisible disorder really impacted me professionally. It wasn’t until I was 44 that I got diagnosed and it made sense of my whole life and has helped me develop strategies to mitigate how I am impacted by ADHD. Having it doesn’t mean I’m not good at what I do (I AM!) – it just means I need to do thing differently to support my health. I prefer the Māori word for ADHD which is  “aroreretini” which translates to “attention goes to many things” (whoever knows me, knows that’s true!). I would say to younger Jaime “Things are hard, they will be hard for sometime, but your brain is not broken, it’s just different, and there is a fabulous place for you in the future. You will find your place”. 

What core values shape the way you work and how you run your business?

Empathy, Objectivity, Integrity, Communication – I am steadfast in these.

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AI Policies – does your business need one?

A significant number of businesses use AI technology either directly or indirectly these days. More businesses are actively encouraging their teams to use AI in their day-to-day activities, such as ChatGPT, Grammarly, Co-pilot, Gemini and many more.  Therefore, a key question arises as to whether businesses need an AI policy in place to protect both the company and its employees?

If you had asked me earlier this year, I would have said there are many factors as to whether businesses should have AI policies. However, with the phenomenal rise of AI use in the past few months, I do believe that it’s critical for businesses to have an AI policy – and it’s now become essential for businesses of all sizes.

So, what do you need to include in an AI policy?

An AI policy should provide clear guidelines on how AI tools should be used, ensuring that they align with your business values and are applied ethically and responsibly.  A policy needs to help protect your business from risks like data misuse, bias, or unintentional regulatory breaches, which can be costly to fix later.

An AI policy also builds trust by showing customers and employees that you’re committed to transparency and fairness.  As AI becomes more integrated into our daily operations, a solid policy can set your business up for long-term success.

Here’s my top 5 topics to cover in your AI policy:

• Purpose: Define AI goals and applications in your business.
• Ethics: Ensure fairness, bias-free operations, and respect for privacy.
• Accountability: Assign roles for monitoring and compliance.
• Data Security: Safeguard data and comply with privacy laws.
• Transparency: Clearly communicate AI’s impact and decisions.

Having an AI policy can provide you with a level of assurance that everyone in the business is on the same page with usage.

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New Test for Contractors. What does it mean for Businesses?

There are some upcoming changes to the Employment Relations Act 2000, which aims to provide businesses and contractors with greater clarity about worker status.  One of the key additions is the introduction of a gateway test to determine if someone is a contractor or an employee; this will be based on four criteria. If these conditions are met, the individual is classified as a contractor; if not, the current case-by-case approach will apply.

For businesses, this means:

• Clearer criteria to define contractor relationships, reducing legal uncertainties.
• Reduced risk of costly and time-consuming disputes over employment status.
• Greater flexibility to use contractors in innovative business models while offering better terms confidently.

These changes are expected to benefit both businesses and contractors, fostering certainty, fairness, and competitiveness.  You can read about the proposed changes here, and if passed, they will come into effect in 2025: https://www.beehive.govt.nz/release/increased-certainty-contractors-coming

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Recession, Restructuring and Redundancies – What businesses need to know before embarking on restructuring and redundancies.
 

In a recession, restructuring or redundancies can be tough, but taking the right steps can help you manage the process fairly and reduce risks. Before commencing restructuring or redundancies, I always recommend starting with a review of your employment agreements and workplace policies, as they often outline your obligations, such as notice periods and redundancy entitlements.  If any affected employees are union members, an employer needs to remember to consult with both them and their unions, ensuring everyone has a chance to provide input.

When proposing changes, you will need to provide a clear workplace change proposal that outlines what is changing, why the change is necessary, how it will be implemented, and the process for consulting and selecting employees.  Be specific about which roles may be affected, whether any new roles will be created, and how selection criteria will be applied if needed.  Always give employees a reasonable timeframe to review and provide feedback, and make sure their input is genuinely considered before finalising any decisions.

It’s also important to assess how changes may impact employees.  If roles are being merged, disestablished, or significantly altered, check whether existing roles are the same, similar, or different compared to the proposed ones.  This helps determine whether employees can be redeployed, retrained, or considered for redundancy.  Remember, redeployment should be a priority—offering employees available roles that match their skills and experience before moving forward with redundancy.

When redundancies can’t be avoided, you need to ensure the process is fair, transparent, and compliant with your legal obligations.  Consider alternatives like adjusting hours, job-sharing, or creating temporary solutions to keep employees on board if possible.  Keep the lines of communication open by regularly updating employees, holding meetings to discuss changes, and providing support for those affected.

By planning carefully, consulting thoroughly, and communicating openly, you can navigate restructuring during challenging times while maintaining trust and minimising disruption for your team and your business.

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2025 Planning

The year ahead will no doubt bring its share of challenges and opportunities, making it more important than ever to have a clear and proactive HR strategy.  From managing restructures and navigating compliance changes to fostering a strong, resilient workforce, the right plan can help you tackle uncertainties with confidence.  Whether you’re facing potential restructuring, looking to retain top talent, or ensuring your policies align with evolving regulations, thoughtful HR planning is the key to staying ahead.

My advice is not to wait for challenges to catch you off guard — take charge now to future-proof your business and book some time with me in the new year.  Together, we can set your intentions for the new year and I can support you to navigate the complexities, minimise risks, and create a strategy for your 2025 goals.

I’m looking forward to working with many of you to prepare for the year ahead.  Reach out today to set some time for 2025.

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Christmas insights from Jaime:

Do you have any Christmas traditions from your childhood which are now a part of your family’s Christmas traditions?
We never had traditions as Christmas was always a challenging time for my single mum, but she always made Christmas special by putting a pillow case at the end of my bed, so I woke up to Santa presents.  I am still big on magic for my daughter with Elves and Santa – even though she is 12! She makes out she believes, but I think she’s just playing me for all that it’s worth!

What’s a Christmas bucket list travel destination for you?
New York, without a doubt!

If you were an Elf, what would your Elf name be?
Cheeky Little Chocolate Stealer!

What’s your perfect Christmas/Summer beverage?
Gin and Tonic 🙂 (but a gin or tonic with a bit of citrus/fruity zing!)

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Finishing comments

As I wrap up another year, I want to wish you all a very Merry Christmas and a Happy New Year!  Thank you for your support, trust and continued business — it’s been a pleasure working with you in 2024. 🎄✨

Marbles will be taking a well-earned break from Monday, 23rd December, and I will be back ready to tackle new challenges on Monday, 13th January.  If you need anything before then, now’s the time to reach out.  Otherwise, enjoy the holiday season, stay safe, and I’ll see you in the New Year! 🎉🎅

Jaime