Don't be an 'April Fool' when it comes to employment law changes
Friday 1 April 2016, saw a raft of changes to the minimum employment framework come into force. Generally clauses such as this apply more to businesses that run shift work, such as hospitality, tourism, retail etc. but it is worthwhile checking your organisations employment agreements and workplace policies to ensure you remain compliant. In particular, any employment agreements that contain a restriction on secondary employment should be reviewed.
A brief summary of the key changes to the minimum employment framework is set out below.
Secondary employment - an employment agreement must not prohibit an employee from working a second job unless the prohibition is for "genuine reasons based on reasonable grounds". Such reasons must be included in the employment agreement. Some examples of permissible reasons are set out in the Act, and include protecting commercially sensitive information or intellectual property, or preventing a conflict of interest. We anticipate that some employers may want to agree a prohibition on secondary employment for fatigue risk reasons.