Business owners and employees across Aotearoa New Zealand are occasionally faced with extreme weather events. Intense rainfall and storm-force winds can lead to power cuts, building damage, and disruption to roads, transport, and supply links.
These major disruptions affect not only individuals and their families, but businesses as well.
We have put together this helpful resource to answer common questions for employers dealing with an extreme weather event.
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.
In any emergency or extreme event, be careful and ensure you prioritise the health, safety, and security of yourself and your team members above the interests of the business or organisation.
Be sure to follow the advice of the Ministry of Civil Defence and Emergency Management and other agencies, e.g. MetService or local bodies.
Employees have the right under the Health and Safety at Work Act to stop work, or refuse to perform work if they think it would expose them (or anyone else) to a serious risk to health or safety. A trained health and safety representative can also direct workers to stop unsafe work.
If the workplace is damaged, it’s primarily the building owner’s responsibility to ensure the buildings are assessed to see if they have withstood the event and remain structurally sound (in accordance with the Building Act 2004).
As always, all employment laws and good faith obligations apply, and you must deal with employees fairly and reasonably and follow appropriate processes, e.g. in employment agreements and company policies.
Get more information on your obligations as an employer at Employment.govt.nz.
This will depend on what's in the employment agreement that you have with your employees.
Here are some common scenarios:
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.
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.
Uncertainty around extreme weather is stressful, and, understandably, some people will be nervous about venturing out and about.
Regardless of the outcome, if they’re feeling distressed, make sure to provide them with contact details for support services available (listed at the bottom of this page), including EAP services if you offer a programme.
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.
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 currently range from $236.04 per week to $1,657 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).
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.
You’re not alone. We’re all in this together, and there is support available.
Our team is always available to support you and your business when you need expert HR guidance or advice. Extreme weather events can take a toll on your business and your mental health. We're here to help and ensure you don’t get pinged with additional costs later due to not following the proper process.
You can call our advice line on 0800 MYHRNZ (0800 69 47 69).
Alternatively, MyHR clients can log in to MyHR and use the "Ask us" chat bubble to send our team a question, or email: help@myhr.works.