Aotearoa New Zealand has been battling many extreme weather events recently with flooding, power cuts, building damage, and disruption to roads, transport and supply links causing major issues and often displacement for not only individuals and families, but many businesses as well.
We understand that these difficulties are even more challenging after 3 years of the COVID-19 pandemic, and many people are experiencing heightened anxiety, concern, anger, sadness, and worry about their friends, families, and businesses.
We’ve put together this resource to quickly troubleshoot the most common questions we receive from our MyHR clients during extreme weather events.
Note: In all cases, refer to the individual or collective employment agreement that you have with your staff members, review your policies before taking action, and seek professional guidance where appropriate.
My business has been affected by the weather and I can’t open right now. What do I need to pay my employees?
This will depend on what's in the employment agreement that you have with your employees.
Here are some options:
- If your employees have the ability to work remotely or from home and can do so, then discuss this plan with them and pay them normally; or
- If you have a shift cancellation clause, you can use this to give notice to your employees that their shifts have been cancelled. Make sure to give the appropriate amount of notice (typically between 2 and 6 hours); or
- If your business is in a position to do so, as a gesture of good faith continue to pay your employees for the hours they would have worked if you’d been able to open; or
- If none of these options are suitable, then you can run a consultation process with your employees to temporarily put them on unpaid leave for the time that your business is closed.
I’ve got a force majeure clause in my employment agreements, and my business has been affected by the flooding, so I can’t open right now. Can I use this clause to fire my employees?
There's no straight answer to this. Force majeure clauses are typically only used when circumstances beyond your control have affected your business so badly, you are forced to close down and will never re-open.
However, it all depends on your specific situation, taking into account the event, extent of damage, and the inability for employment to continue due to circumstances outside the business' control.
If you want to look at using your force majeure clause, contact MyHR or seek other professional advice.
I sent my employees home early because of the weather, but we’re back up and running now. What do I pay them for the short day?
If your employee can work remotely, then discuss this plan with them, and pay them as usual.
If your employee can’t work remotely, then offer them the option of annual leave or unpaid leave to cover their time away.
If you didn’t discuss this with them ahead of time and just sent them home, then in good faith you should pay them for the hours they would have worked.
If there’s the option for them to make up the hours later in the week, fortnight or month, then you can agree for them to be paid as usual and for them to make up the hours later.
We’re open, but one of my team doesn’t want to come to work, because they’re nervous about the weather getting worse or navigating the roads. What can I do?
These are stressful circumstances, and, understandably, some people will be nervous about venturing out and about.
- If your employee can work remotely, then discuss this plan with them, and pay them as usual.
- If your employee can’t work remotely, then offer them the option of annual leave or unpaid leave to cover their time away.
- If there’s the option for them to make up the hours later in the week, fortnight or month, then you can agree for them to be paid as usual and for them to make up the hours later.
We’re open, but one of my team can’t come to work because of damage from the weather. Do I need to pay them while they’re off?
If your employee can work remotely, then discuss this plan with them, and pay them as usual.
If your employee can’t work remotely, then offer them the option of annual leave or unpaid leave to cover their time away.
If there’s the option for them to make up the hours later in the week, fortnight or month, then you can agree for them to be paid as usual and for them to make up the hours later.
What government support is available to individuals who have been affected by the weather?
In some emergency events, there can be a Civil Defence Payment made available to people who have had to leave their home, can’t return to their home, or can’t go to work, and don't have insurance to cover their costs
The payments range from $205.78 per week to $1,336 per week, and there are one-off payments available to help with food, bedding etc. Note, your employee(s) will have to apply for this directly.
Ask your employee to call Work and Income on 0800 400 100 to figure out what additional support they may be eligible for.
If they or their family need accommodation, the government's temporary accommodation services can be made available to people (depending on the severity of the event).
What government support is available to businesses and organisations that have been affected by extreme weather?
Depending on the severity of the weather or emergency event, the government can provide assistance for businesses in the form of advice, assistance with insurance claims, and in some cases financial support.
MBIE has some great advice and resources on the Business.govt.nz website with guidance around looking after your employees, operating safely, insurance claims, finance, banking and tax, and buildings and landlord responsibilities.
The IRD and banks will also be able to provide specialised support - visit the IRD website, and speak to your business manager at your bank to see what help is available.
I’m struggling right now. This is a lot to deal with, and I’m affected by what’s happening. Where can I get help?
You’re not alone. We’re all in this together, and there is support available.
- Need To Talk? - text or call 1737.
- First Steps (mental health and wellbeing support for business owners, managers, and employees) - call 0800 178 783.
- Lifeline - text 4357 or call 0800 543 354.
- Suicide Crisis Helpline - call 0508 828 865.
- Youthline - call 0800 376 633 or text 234.
- Contact your EAP provider (if your organisation has one).
Contact MyHR for additional support
Our team is always available to support you and your business when you need expert HR guidance or advice. These situations can be stressful, and we're here to help and ensure you don’t get pinged with costs later due to not following the proper process.
You can call our advice line on 0800 MYHRNZ (0800 69 47 69).
Alternatively, log in to MyHR and use the "Ask us" chat bubble to send our team a question, or email us at help@myhr.works.
