<--- Back to contents

Chapter 13 - Small Business Law

Occupational health and safety

The Occupational Health and Safety Act provides measures to ensure the health and safety of all employees in the workplace.

Who does the Act apply to?

The Occupational Health and Safety Act applies to all employers and employees, but not to -

• mines, mining areas or any mining works (as defined in the Minerals Act);
• load line ships, fishing boats, sealing boats, whaling boats (as defined in the Merchant Shipping Act) and floating cranes; whether in or out of the water; and
• people in or on these areas or vessels.

Appointment of representatives

Employers who employ 20 or more employees must appoint representatives to monitor health and safety conditions.

Employers who have appointed 2 or more health and safety representatives must form health and safety committees.  Employers and committees have certain duties and functions.

See The Occupational Health and Safety Act.

Regional Service levies

This tax was abolished on 30 June 2006.

Formalising the employment relationship with employees

When someone is newly employed, the employer must give the employee a letter of appointment and a contract of employment. This contract describes the terms and conditions of the employment relationship and should be agreed on by the employee before he or she signs it.

Conditions of employment are governed by either a sectoral or wage determination (including a Bargaining Council Agreement), the Basic Conditions of Employment Act and the Labour Relations Act. The conditions of employment should include the organisation’s grievance and disciplinary procedures. The employer should also give the new employee a job description.

See Model Contract of Employment.

See Model letter of appointment.

See Guidelines to drawing up a contract of employment.

See Drawing up a job description.

See Laws about terms and conditions of employment.

See Solving disputes under the Labour Relations Act.