Industry Issues

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The Hospitality Industry is faced with a variety of issues which affect us in one way, shape or form. To familiarise yourself with some of these issues please click on the titles below for Hospitality New Zealand submissions, media releases and correspondence relating to that issue.

View CurrentEmployment Archive

Queen's Birthday - Monday 3 June 2013
Thursday, 9 May 2013
The Queen's Birthday is a public holiday on Monday 3 June 2013, but is not a prohibited day under the Sale of Liquor Act. Find out what the staff entitlements are for those who work on a public holiday or should you choose to trade on this day.
Dangers of unpaid pre-employment trials
Thursday, 28 March 2013
Hospitality New Zealand's legal adviser, Alyn Higgins speaks about a recent employment court case where an employer used a short term unpaid pre-employment trial that in this case was unlawful and deprives prospective employees of their statutory rights.
Minimum wage and Starting out wage changes
Thursday, 28 March 2013
From 1 May 2013, the New Entrants minimum wage is replaced by the Starting Out wage. The Starting Out wage is designed to provide an incentive to employers to employ young workers and will be set at 80% of the adult minimum wage.
90 Day Trial Periods - Employers Are Still Getting It Wrong
Wednesday, 27 March 2013
A trial period must be agreed to in employment agreements, yet some employers are still faced with costly settlements because they have not managed this process correctly. Alyn Higgins provides a quick summary on what employers need to understand to avoid any costly outcomes.
Restaurant & Catering News: Incompatibility - when can an employer cry halt?
Friday, 21 December 2012
Legal Adviser Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. Read his latest column on the serious issue of incompatibility causing disruption to work productivity and other employees.
Top 10 Tips for Employing Staff
Monday, 10 December 2012
QJumpers provides an innovative online recruitment service that makes your search to employ new staff a lot easier. Take advantage of their exclusive offer to members plus QJumper's 10 helpful tips if you need to find staff this summer!
Restaurant & Catering News: Disciplinary Process Errors Costs Employers
Tuesday, 20 November 2012
Legal Adviser Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. Read his latest column on the disciplinary process and the costs to employers when they don't do it properly!
Hospitality Magazine Column: Skill Shortages Continue
Tuesday, 13 November 2012
Bruce Robertson is a regular contributor to Hospitality magazine, this month he talks about the moves by Immigration to remove cafe, restaurant and bar managers from the Essential Skills In Demand List.
Restaurant & Catering News: Employment of Migrant Workers
Saturday, 20 October 2012
Legal Adviser Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. Read his column on employment vs immigration laws.
Restaurant & Catering News: Will your restraint of trade hold up?
Wednesday, 1 August 2012
Restraints of trade are often struck out as the employer is seen as trying to stop an employee from making a living out of the employee's skills. But an employment court case found the employer's restraint of trade was reasonable and was therefore enforced.
7 new member resources available to help your hospitality business
Wednesday, 1 August 2012
Hospitality NZ continues to review, update and develop new business resources for its members. Now there are 7 new resources that can be accessed by members immediately. As always, your Regional Manager is available for expert advice.
Restaurant & Catering News Column: Pitfalls of having no employment agreement
Wednesday, 25 July 2012
By law every employee must have a written employment agreement - this is also the best way to protect an employer's business. By having an employment agreement in place leaves no uncertainty to the employee's role should problems problems arise.
Restaurant & Catering Column: Social media and the workplace
Tuesday, 24 July 2012
Do you have a work policy in place for your employees on such issues as Facebook, Twitter and other social media sites? Now is the time to review or develop your work policies on social media and to advise your employees how this applies to them.
Queen's Birthday - Monday 4 June 2012
Monday, 14 May 2012
The Queen's Birthday is a public holiday on Monday 4 June 2012, but is not a prohibited day under the Sale of Liquor Act. Find out what the staff entitlements are for those who work on a public holiday or should you choose to trade on this day.
Restaurant & Catering Column: Drug Testing in the Workplace Update
Monday, 7 May 2012
Employees affected by drugs and alcohol can also affect other employees and create health and safety issues in the workplace. Therefore employers must understand what are the right steps to take in response to the use of drugs impacting work productivity and safety.
Further intricacies in the use of trial periods
Tuesday, 10 April 2012
Employers must provide prospective employees a reasonable amount of time to consider the employment agreement presented. Read this article to find out more about the use of trial periods and best practice for employers to apply.
Employer justified in refusing to indemnify employee
Monday, 5 March 2012
Hospitality NZ legal adviser, Alyn Higgins talks about the Court of Appeal case Katz vs Mana Coach Services. Find out what an employer needs to know or obliged to in employment situations where duty of indemnification could arise.
The intricacies of abandonment of employment
Thursday, 2 February 2012
Abandonment of employment refers to a situation where an employee does not report for work or make contact with their employer for a period of usually 3 consecutive working days or more. Before taking any action, find out what am employer should know.
Restaurant & Catering Column: Post Election Employment Law Reform
Friday, 2 December 2011
With the re-election of the National led government, National continues to tinker with existing employment legislation with a view to increase flexibility.
Restaurant & Catering Column: Rugby World Cup employment issues
Tuesday, 6 September 2011
RWC 2011 hype will consume this nation for the next six weeks. While the excitment grows, employers will need to be aware that productivity in the workplace may be impacted. Read and find out what your business can do.
Adverse weather has played a significant role in disrupting the workplace
Wednesday, 17 August 2011
Please read our employment advice to employers with regards to their employer obligations and disruption to productivity, also insurance issues that may arise from this adverse weather.
Court ruling extends protection for transferring employees
Friday, 15 July 2011
The Employment Court recently delivered a significant decision regarding the rights of catering service employees to transfer to new employers in restructuring situations.
Requirement to have signed employment agreements from 1 July
Thursday, 14 July 2011
As of 1 July 2011, employers are required to keep and retain on file signed copies of employment agreements for all employees, including casuals and fixed-term employees. A range of template employment agreements are available on your member dashboard.
Wide duty to disclose information during a redudancy process
Tuesday, 7 June 2011
Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. In this article Alyn talks about what relevant information an employer needs to provide to the affected employees.
Crowd Controller Member Resource now available!
Tuesday, 3 May 2011
All members can now view crowd controller certification and licensing resource that is now featured on your dashboard.
Rest and Meal Break Issues
Sunday, 1 May 2011
Alyn Higgins is a regular contributor to the Food and Beverage Today magazine. In this article Alyn talks about the approach employers can take to ensure compliance and to what is reasonable and practical in your workplace.
Restaurant & Catering News Column: Sleeping over is work
Friday, 1 April 2011
A recent Court of Appeal upheld an earlier decision of the Employment Court that employees undertaking sleepovers. Find out the facts considered in this case and what are the implications for hospitality employers, particularly in respect of security and night audit staff employed in the accommodation sector.
Exchanging Annual Leave for Cash
Friday, 1 April 2011
Exchanging annual holidays for cash can only be at the employee's request and must be made in writing. Find out what you as an employer needs to know when your employees ask for this type of annual leave request.
Employee's refusal to speak during disciplinary meeting contributed to dismissal
Tuesday, 1 March 2011
Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. In this article Alyn talks about the court decision in Radius Residential Care Limited v McLeay with some useful tips for employers.
Dealing with Bullying, Harassment and Conflict between Employees
Tuesday, 1 March 2011
Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. In this article Alyn talks about unwarrranted behaviour in a workplace and tips for employers on the appropriate responsive steps to take.
Making deductions from wages
Tuesday, 1 March 2011
Alyn Higgins is a regular contributor to the Food and Beverage Today magazine. The Wages Protection Act that allows employers to deduct pay entitlements for lawful purposes, but employers need to act appropriately to do so.
Changes to employment including income needs consultation with affected employees
Tuesday, 1 February 2011
Alyn Higgins is a regular contributor to the Food and Beverage Today magazine. In this article Alyn talks about what an employer needs to be aware of when making changes to terms of employment and income to avoid costly personal grievances!
Restaurant & Catering News Column: Duty to offer other choices during redundancy
Tuesday, 1 February 2011
Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. In this article Alyn talks about the court case Wang v Hamilton Multicultural Services Trust that addressed the employer's duty to redeploy destabilised employees.
Restaurant & Catering Column: Employment Legislation Update for 2011
Saturday, 1 January 2011
Parliament recently passed changes to the Holidays Act and the Employment Relations Act. View the summary of the main changes. The majority of the changes to take effect from 1 April 2010.
Job Finder for Hospitality Travellers in New Zealand
Tuesday, 9 November 2010
With over 25 years of experience in the hospitality industry Juliearna Kavanagh understands how difficult it can be to find ideal staff for your business. From her own personal experience Juliearna explains that as an employer in the hospitality sector, she has had her fair share of spending a lot of her time and money on recruiting staff, but always felt there was an opportunity for better results.
VisaView Gives Employers Clarity on Eligibility
Tuesday, 9 November 2010
Any hospitality business operator who has been through the process of recruiting staff will agree that it is important to have an efficient recruitment process in place to select the right staff for your business and to ensure all paper work and checks have been done.

Employment Relations Amendment Bill (No. 2)
Tuesday, 9 November 2010
HANZ has made a submission in support of proposed amendments to the Employment Relations Act. The proposals include:
Restaurant & Catering News: What constitutes a fair 90 day trial?
Monday, 1 November 2010
The Government has extended the 90 day trial period to all employers, therefore it is important that employers understand what this means for them and their employees.
Casual and Permanent Employment - Options for Employers
Monday, 1 November 2010
Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. In this article Alyn talks about the difference between casual and permanent employment and what hospitality employers need to consider.
Complaining about work online
Wednesday, 1 September 2010
Alyn Higgins is a regular contributor to the Food and Beverage Today magazine. In this article Alyn has a few tips for employers to implement into their workplace with regards to social media and the workplace.
Complaining about Work Online
Wednesday, 1 September 2010
The impact of social networking sites like Facebook, Twitter and MySpace on employment issues is broadening.
When does Serious Misconduct Justify Dismissal?
Wednesday, 1 September 2010
Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. In this article Alyn talks about an employment court case that found the dismissal of an employee for admitted serious misconduct unjustified.
Managing staff during downtimes
Sunday, 1 August 2010
Alyn Higgins is a regular contributor to the Food and Beverage Today magazine. In this article Alyn talks alternative ways to avoid redundancies.
Fairness and Balance for Employers and Disciplinary Actions
Sunday, 1 August 2010
Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. In this issue Alyn talks about following the correct procedures when disciplining staff.
Where are Employers & Managers Going Wrong?
Thursday, 1 July 2010
Employers frequently complain about staffs that simply don't get the message that they are employed to provide a service and have responsibilities to their employer and guests.
Restaurant & Catering News Column: Managing Employee Performance
Thursday, 1 July 2010
Alyn Higgins is a regular contributor to the Restaurant and Catering News magazine. In this month's issue Alyn talks about what an employer needs to help them manage their employees performance.
Restaurant & Catering News Column: Recruiting staff for your business
Tuesday, 1 June 2010
Alyn Higgins, Legal Adviser of the Hospitality Association regularly contributes to the Restaurant and Catering News magazine. This article talks about how to use employment agreements effectively.
REMUNERATION SURVEY
Wednesday, 17 March 2010
Reading the employment market and remuneration rates continues to be a challenge for the industry
Paralysis in the bureaucracy
Saturday, 5 September 2009
Fear of getting it wrong is creating paralysis in the bureaucracy.
Employment Relations Amendment - Breaks and Infant Feeding
Thursday, 2 April 2009
from 1 April 2009 employers must provide employees with paid rest breaks and unpaid meal breaks and employers need to be aware of these requirements and how to manage them. Under the amendment employees are entitled to, and employers must make available to employees:
Immigration critical to the Hospitality Industry
Thursday, 25 October 2007
Sixty-seven percent of the hospitality industry's employment growth over the last five years has been met by those not born in New Zealand.
More nutty legislation coming
Wednesday, 1 August 2007
When will the nutty legislation stop?
Ideology versus practicality
Friday, 15 September 2006
It is disappointing when it seems that ideology gets in the way of practicality when it comes to some of our legislators.
HANZ encourages select committee to 'give youngsters a leg up not a leg rope'
Thursday, 14 September 2006
'Give youngsters a leg-up, not a leg-rope' was the message delivered to the Transport and Industrial Relations Select Committee today by the Hospitality Association's Bruce Robertson, the Association's Chief Executive.
Fewer Entertainment Choices and Higher Costs
Tuesday, 20 December 2005
Be tolerant of public holiday surcharges this Christmas is the plea from Hospitality Association Chief Executive Bruce Robertson as the holiday period arrives.
Demand for employment advice continues to rise
Thursday, 28 April 2005
The level of complexity of our employment legislation continues to increase with very little concern for the employers who bear the onerous burden of implementing it in a commercial environment.
Employment Survey Summary
Thursday, 24 March 2005
In February 2005, the Hospitality Association surveyed its members on the impact of changes to the employment legislation particularly the Holidays Act. Members come from across the hospitality industry including hotels, motels, major accommodation providers, lodges, taverns, bars, night clubs, restaurants, cafes and off-licences. An excellent response was received with 528 responses representing over 10,000 employees.
More restaurants and pubs likely to close over Easter weekend.
Wednesday, 23 March 2005
Over 65% of pubs and restaurants throughout New Zealand are likely to be closed at some stage during the Easter weekend.
Fewer choices, higher costs for entertainment
Wednesday, 22 December 2004
Be tolerant of public holiday surcharges this Christmas is the plea from Hospitality Association Chief Executive Bruce Robertson as the holiday period arrives.
Chef Shortage Recognised by Government
Wednesday, 15 December 2004
The Hospitality Association is very pleased that the Minister of Immigration Hon Paul Swain, has responded positively to calls from industry regarding staff shortages, says Chief Executive Bruce Robertson.
Staff retention a priority
Thursday, 4 November 2004
The hospitality sector is facing increasing difficulties in recruiting trained staff. This is significantly exacerbated by the high level of staff turnover estimated at 30%, which magnifies significantly the staff shortages. There is also expected to be a real and sustained growth in new positions required as a result of the continued tourism growth projections through to 2010.
Are they listening?
Thursday, 30 September 2004
Last month the Hospitality Association were one of nine organisations asked to present their views on the Holidays Act Amendment Bill to the Transport and Industrial Relations Select Committee.
The Employment Relations Bill - who needs it?
Tuesday, 14 September 2004
Who needs the Employment Relations Bill? That's the question being put by The Hospitality Association of New Zealand, about a Bill they believe to be unwanted and unnecessary.
Holidays Act changes cosmetic
Wednesday, 1 September 2004
Changes to the Holidays Act are cosmetic and do not address the real issues, says Hospitality Association Chief Executive Bruce Robertson.
Government should repeal penal rates on Public Holidays
Thursday, 24 June 2004
The Government should repeal penal rates on public holidays if they are concerned about surcharges being applied, says Bruce Robertson, Chief Executive of the Hospitality Association.
What have we learnt?
Monday, 26 April 2004
The dust has now settled on our first series of public holidays under the revamped Holidays Act. Both Easter and Anzac Day have come and gone. What have we learnt from the experience that can be applied to future public holidays?
Surcharge a 'must' for Easter
Monday, 29 March 2004
Easter is now upon us and with it comes the first application of the latest Government 'tax' on hospitality.
Special days cause more aggravation
Friday, 5 March 2004
This Easter sees the hospitality industry further challenged by additional Government intervention in those special days.
Scary changes proposed for Employment Relations Act
Friday, 5 March 2004
A Government Select Committee is considering changes to the Employment Relations Act which have the potential to change the industrial landscape for both employees and employers.
More costs for small business
Saturday, 15 November 2003
Proposed changes to the Employment Relations Act are another attack on small businesses and how they operate.
Proposed holiday legislation will close restaurants - HANZ
Thursday, 4 September 2003
Widespread closure of many hotels and restaurants during holiday periods is being predicted if proposed legislation gets the go-ahead.
Submission on the Holidays Bill
Sunday, 25 May 2003

Penal Rates
Wednesday, 19 February 2003
Some businesses won't open for business if the new penal rates are applied to statutory holidays. This warning from Bruce Robertson, Chief Executive of the Hospitality Association of NZ.
Health and Safety
Wednesday, 8 May 2002
"Employees in the hospitality industry won't be any better off under the proposed Health and Safety Bill." This was the message conveyed to the Transport and Industrial Relations Select Committee by Hospitality Association Legal Adviser Marrian Leca.
Transnational Organised Crime Bill 2002
Wednesday, 3 April 2002
Hospitality Association Of New Zealand Submission On The Transnational Organised Crime Bill 2002.
Health and Safety Amendment Bill 2001
Thursday, 21 February 2002
HANZ Submission on the Health & Safety in Employment Amendment Bill 2001.
Parental Leave and Employment Protection (Paid Parental Leave) Amendment Bill 2002
Sunday, 17 February 2002
2002 Amendment Bill to the Parental Leave And Employment Protection Act 1987.
Holidays Act reform urgent for hospitality sector
Wednesday, 3 January 2001
Confusion and inflexibility in the Holidays Act has again caused problems for employees and employers working over Christmas New Year.