Category: Uncategorized

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

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Employment Law Update – What You Need To Know

The last 18 months (or so) have seen some significant changes to employment law in New Zealand – an ever-evolving machine! Even though it can be overwhelming, organisations must stay informed about the latest updates that have the potential to impact the employment relationship. Here’s a brief (but not exhaustive) summary of some of the more recent developments you should be aware of: 

1. Minimum Wage Increase 

Effective April 1, 2024, the minimum wage in New Zealand was raised. It went from $22.70 per hour to $23.15 per hour. This change underscores the government’s ongoing commitment to ensuring fair compensation for workers across various industries.

2. Median Wage Increases for Work Visa Categories 

For individuals under work visa categories, recent adjustments to median wage were also implemented in late February – wages went from  $29.66 per hour to $31.61 per hour (for the ‘Skilled Migrant’ category). It’s important for employers sponsoring visa holders to stay updated on these changes to ensure compliance with immigration regulations.

3. The End of Fair Pay Agreements 
The short-lived era of Fair Pay Agreements came to an end earlier this year. Whilst this legislation intended to promote fair wages and working conditions across industries, its design and implementation were divisive and problematic, and its cessation signalled a shift in approach towards labour relations in New Zealand. 

4. 90-Day Trials Open to All Businesses 
Previously restricted to small businesses (19 or fewer employees – including casual staff), the use of 90-day trial periods for new employees is now open to all organisations. This change provides all employers with greater flexibility in managing their workforce while ensuring compliance with employment regulations. However, there are pitfalls an employer needs to consider before implementing Trial Periods, such as ensuring employees are actually “new”, that the clause is written well, and that the agreement is signed before employment is commenced.

5. Personal Grievances Related to Sexual Harassment 
Recent legislation updates emphasised the importance of addressing issues related to sexual harassment in the workplace. Claims for raising sexual harassment Personal Grievances went from 90 days to 12 months. This shift emphasises that employers must prioritise creating a safe and respectful work environment and take appropriate action to address concerns related to harassment.

With all these changes, the key message is that employers need to remain proactive in understanding employment law and that all parties should act in good faith. Whilst employment law can be frustrating to navigate, it’s there for a reason: to promote a working environment that is fair, equitable, and conducive to the well-being of all.

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Evaluating Health and Safety Regulations: A Look at the Decade

In a recent speech, Brooke van Velden, Workplace Minister, highlighted a significant milestone: the Health and Safety at Work Act 2015 is approaching its 10th anniversary. This milestone marks an important reflection on NZ Health & Safety legislation. Current work on the Act puts a question mark over whether the current legislation remains fit for purpose in today’s ever-changing work environment. 

With the labour landscape continuously evolving, Brooke Van Velden emphasized the necessity of assessing the effectiveness and relevance of existing health and safety regulations. She reflected that as workplaces adapt to new technologies, work practices, and emerging risks, it’s imperative to ensure that legislation adequately addresses modern challenges.

One of Brooke van Velden’s priority policies in her term will be to assess and review what needs to change in legislation for it to be practicable. This review signals an opportunity to enhance the protection and well-being of workers across New Zealand. It opens the door for stakeholders to provide input on areas where the legislation may need refinement or improvement to address emerging health and safety concerns better.  Policymakers want to ensure that legislation remains responsive to the needs of workers and employers alike, ultimately contributing to a safer and more sustainable work environment. 

As the government prepares to evaluate the Health and Safety at Work Act 2015, I will keep a keen eye on developments and I will update as I  learn more.

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Ensure Your Employment Agreements Are Up to Date

In light of recent updates to employment law, it’s critical to ensure that employment agreements are current and compliant. If it’s been a year or more since your agreements were last reviewed or updated, now is the perfect time to take action.

I strongly recommend that all employers, regardless of the organization’s size, review and update their employment agreements to reflect the latest legal requirements and best practices. Keeping your agreements up to date not only ensures legal compliance but also helps mitigate potential risks and disputes in the future.

If you’re unsure whether your employment agreements need an update or if you have any questions about recent changes in employment law, please reach out to me for assistance.

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When to use policies
(vs putting clauses in an employment agreement)

I often hear my clients say, “We need a new policy written!” My first question is usually, “Why? Tell me why you think you need a separate policy.”

Implementing policies can seem like a great idea for an organisation and would indicate that progress is being made in its growth strategy. However, I recommend erring on the side of caution when considering new policies.

When it comes to establishing clear expectations and guidelines for your employees, a common question arises: should specific rules and procedures be outlined in policies or included as clauses in employment agreements? It’s important to understand the distinction between these two approaches before deciding your next steps.

Policies serve as comprehensive frameworks that outline the standards and procedures governing various aspects of employment, such as a Code of Conduct, Health and Safety, and Technology. They offer flexibility, allowing for updates as regulations evolve. This flexibility makes policies ideal for addressing broad organisational needs and promoting consistency across the workforce.

On the other hand, clauses in employment agreements provide specific terms and conditions governing the employment relationship between the employer and the employee. These clauses typically address matters such as remuneration, hours of work, probationary periods, and confidentiality agreements.

While employment agreements offer a more contractual approach, they may lack the flexibility needed to accommodate changes in workplace policies and regulations over time. This is because you need an employee’s agreement before changing the terms of an employment agreement. In contrast, you generally don’t need to get agreement on policy changes. However, employers must ensure that employees are aware of existing policies and regularly revisit them. If your team isn’t fully aware of policies, you can’t rely on their existence to enforce rules and laws.

So, when should you use policies versus clauses in employment agreements? Policies are best suited for overarching guidelines and procedures that may require frequent updates or flexibility, while clauses in employment agreements should focus on establishing clear and non-negotiable terms of employment.

How do you choose? As a small business owner, carefully consider your specific needs, industry regulations, and the nature of your workforce when determining the most appropriate approach. Whether you choose to implement policies within employment agreements, as separate policies, or a combination of both, the key is to ensure that your employees understand the distinction between the two.

If you’re unsure about which approach is best for your business or need assistance in drafting policies or employment agreements, don’t hesitate to reach out to me.

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Navigating AI in Business: Crafting Clear Policies

As AI becomes more prevalent, establishing clear policies on its usage is critical.  It’s impracticable to think we can get away from the use of AI (it can be an amazing tool! – including helping with newsletters 😉 – but policies are essential to cover data privacy, transparency, fairness, and accountability.

By setting guidelines, you can ensure that AI is used ethically in your workplace and that risk is mitigated.

Consider these key components when drafting a workplace policy for AI:

Data Privacy and Security: Consider how you will protect sensitive data and comply with Privacy Act regulations.

Transparency and Accountability: How you can document algorithms and data sources to ensure staff accountability.

Fairness and Equity: How you can mitigate biases and ensure fairness in AI-driven processes.

Employee Training: How you can educate employees on AI technologies and ethical implications.

Monitoring and Evaluation: What you will do to regularly assess AI impact and make necessary adjustments.

For assistance in crafting your AI usage policy, reach out to me (or to your AI programme!) – but please remember that AI is limited in its ability, and you should never forgo a quick legal eagle eye to mitigate your risk fully.

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Fun facts about Jaime

Why did I choose the name ‘Marbles’?
I had been in HR for over a decade, and I was a Practice Manager for a dental practice. I was also studying for my undergraduate degrees (Bachelor of Business in HR Management and Bachelor of Arts in Psychology). I wanted to establish a business where I could become self-employed and be with my daughter a lot more. I realised that so many small businesses were ‘losing their marbles’ because of HR and employment law, and that’s how Marbles was born.

Fun fact – Marbles’ also turns 9 this Sunday! I incorporated my company on 26 May 2015!

What was my first job?
I worked in an ice cream parlour at Victoria Park Market when I was 14 – which was lethal as I got all the free ice cream I wanted.

What is my favourite quote?
“This too shall pass” – it’s also one of my many tattoos.

What is my favourite food?
Dinners my Mum used to make for me: Mac n Cheese, Mashed Potatoes; Chicken Casserole. Comfort food.

What is my favourite piece of technology?
I love all sorts of tech – new devices, new apps – I’m like a magpie with shiny things. I also love fiddling around with AI – It can be amazing for helping create a framework. AI is not something we should be scared of. We just need to ensure the integrity of our own work and be able to defend our own ideas. This is particularly important for me in the work I do, but also as a Master’s student (writing my thesis). My work needs to be original – but AI can be an incredible help to me when I need a prompt to help me get on my way.

What is one thing I could not live without?
Music. I have Spotify on for about 10-12 hours a day. I listen to thousands of hours of music every year. I am very eclectic, and my musical taste is quite polarising!

What is my current Netflix binge?
I just finished ‘Baby Reindeer’, as it seems the rest of the world has also done, but I also love foreign comedies and dramas – French, Turkish, Hindi, Palestinian – I love them all because I find that humans aren’t inherently different, we are all dealing with the same human conditions.

If I could have one wish, what would it be?
The best wish would be an altruistic wish – but humans are also inherently selfish, so I would be honest and say that my wishes would change on any given day. For now, I have my ‘lot’ and am blessed with what I have. I have no specific wish today.