Legal Responsibilities of Voluntary Organisations in New Zealand

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This information also appears as Brochure 3. Download a PDF copy (160kb).

Your obligations as an employer

If you employ staff, you have important obligations towards these employees under the Employment Relations Act 2000 (for example, the duty of “good faith”) and other employment-related Acts (for example, the Holidays Act 2003). You therefore need to be able to determine whether people doing work for you are in fact employees or whether they’re volunteers or independent contractors. This is an important distinction, as the obligations an organisation owes to each group are significantly different.

Answer the following questions about the relevant features of your group for deciding on an appropriate legal form and about good practice for operating successfully. If you answer any of them with “No” or “Unsure”, make it a priority to find out the relevant information as soon as possible.

Yes Unsure
/No
Do you know which workers in your organisation are considered to be employees?

Learn more: People – Volunteers, employees and contractors
Do you understand the differences between an employee and an independent contractor?

Learn more: People – Volunteers, employees and contractors
Do you understand your potential liability for the actions of your employees?

Learn more: People – Volunteers, employees and contractors
Do you understand your duties and obligations as an employer?

Learn more: People – Volunteers, employees and contractors, Health and safety
Do you understand the obligation of employers, employees and unions to deal with each other in “good faith”?

Learn more: People – Volunteers, employees and contractors
Do you understand the role of unions and their rights of access to the workplace?

Learn more: People – Volunteers, employees and contractors
Do you have procedures or policies in place for:

  • checking whether new employees need any special licences or permits?
  • warning employees, disciplining employees and giving employees the chance to improve?
  • handling employment disputes, including personal grievances?
  • taking leave, including parental leave?

Learn more: People – Volunteers, employees and contractors
Do you understand the differences between independent employment agreements and collective employment agreements?

Learn more: People – Volunteers, employees and contractors
Do you understand the processes relating to work-related injuries, such as ACC levies, rehabilitation and compensation?

Learn more: People – Volunteers, employees and contractors

Remember to print this checklist out once you’ve completed it.