Supplementary Order Paper No 100

No 100

House of Representatives

Supplementary Order Paper

Tuesday, 23 November 2021

COVID-19 Response (Vaccinations) Legislation Bill

Proposed amendments

Hon Michael Wood, in Committee, to move the following amendments:

Schedule 4: new Schedule 3A

In Schedule 4, new Schedule 3A, replace clause 3(3) (page 19, lines 19 to 35) with:

(3)

If the employee is unable to comply with a duty referred to in subclause (1)(a) or a determination referred to in subclause (1)(b) because they fail to comply with the relevant requirements of the COVID-19 Public Health Response Act 2020 or a COVID-19 order, or they are not vaccinated by the specified date, their employer may terminate the employee’s employment agreement by giving the employee the greater of—

(a)

4 weeks’ paid written notice of the termination:

(b)

the paid notice period specified in the employee’s terms and conditions of employment relating to termination of the agreement.

In Schedule 4, new Schedule 3A, clause 3(4), replace subclause (3)(a) (page 19, line 36) with subclause (3).

In Schedule 4, new Schedule 3A, clause 3(5), replace subclause (3)(a) (page 20, line 1) with subclause (3).

In Schedule 4, new Schedule 3A, clause 3(7)(a), replace subclause (3)(a) (page 20, line 10) with subclause (3).

In Schedule 4, new Schedule 3A, clause 3(7)(b)(ii), replace subclause (3)(b) (page 20, lines 15 and 16) with subclause (3).

In Schedule 4, new Schedule 3A, delete clause 3(8) (page 20, lines 17 and 18).

Explanatory note

This Supplementary Order Paper (SOP) amends Schedule 4 of the COVID-19 Response (Vaccinations) Legislation Bill, which inserts new Schedule 3A into the Employment Relations Act 2000.

The SOP replaces clause 3(3) of new Schedule 3A to clarify that an employee who is given a termination notice under clause 3 is entitled to 4 weeks’ paid written notice or the paid notice period specified in the employee’s terms and conditions of employment relating to termination of the agreement (as the case may be). Clause 3(4), (5), and (7)(a) and (b)(ii) are consequentially amended to reflect the replacement of clause 3(3), and clause 3(8) is consequentially revoked.

Departmental disclosure and regulatory impact statements

The Ministry of Health considers that neither a departmental disclosure statement nor a regulatory impact statement is required to be prepared for this Supplementary Order Paper.