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Photo: Getty Images

BusinessApril 20, 2020

What you need to do to open your business under alert level three

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Photo: Getty Images

On Tuesday April 28, New Zealand moves out of alert level four and to level three, giving the green light for many workplaces to reopen. What does a business have to do to open?

The Ministry of Business, Innovation and Employment has released its guidance around workplace activities and obligations under the various levels.

MBIE points out that level three will not be a general back-to-site order and a business must still operate from home if it is able to, even if it’s inconvenient. However, if working from home is not a viable option, a workplace can reopen, provided it can meet the public health measures and there is no physical interaction with the public.

It’s worth noting the same public health measures apply at every level, and they mostly focus on safety procedures such as disinfecting surfaces, frequent hand washing, not having sick people in the workplace and maintaining physical distancing. Worksafe provides a comprehensive list of ways to do this, such as stripping back the work schedule to essential jobs only, supplying soap and water or hand sanitiser, staggering meal breaks and shifts to ensure as few people as possible are working at any one time, and even installing impervious barriers between workers.

While the public health measures apply across the board, the rules differ slightly from industry to industry, and level three will have different implications depending on the business.

Will this affect retail?

Retail businesses can reopen, and staff can return to work under alert level three. However they cannot open their storefronts to customers and must only sell goods through phone or online orders and use contactless delivery. Customers can collect their orders, but this must also be contactless. These rules exclude supermarkets, dairies and petrol stations, as they have been open throughout alert level four as essential businesses.

Once we move to alert level two, customers will be allowed to enter the physical store, but public health measures and restrictions on gatherings will still apply.

Are there changes to dairies, supermarkets and petrol stations at level three?

For these businesses, most of the same level four criteria will remain in place, such as one-in-one-out entry rules. However, the main difference is that these outlets can now sell food and beverages prepared on site – milkshakes, sandwiches and such – although customers cannot consume them on the premises.

Are bars, cafes and restaurants allowed to open?

If they can meet the public health guidance and don’t physically interact with customers then they can open for business. Orders must therefore be taken via phone and online only, and the food and drink must be delivered or collected without contact, such as through a drive through system.

Typically, they won’t be able to sell alcohol as most of them are “on-licensed” which means that customers have to consume any drinks they buy on the premises. Level three does not allow this because of physical distancing requirements.

What counts as a drive-through?

Much like at fast-food restaurants, under level three businesses can use existing or new drive-through systems in order to carry out contactless collections. These must be open spaces that prevent crowding, and include contact tracing and contactless payment where possible.

How about takeaway booths?

Like cafés and bars, a takeaway booth can serve customers provided they can process the order and deliver it without coming into physical contact with the customer.

This means that yes, under level three a coffee booth or cart can take a phone or online order and payment, and then deliver the flat white to a customer in a way that avoids contact, such as leaving it in on a table or a nearby park bench.

A contactless collection in a Bangkok cafe. (Photo: Getty Images)

Can businesses accept cash from customers?

Yes but only if there is no other option and they can handle it safely.

Can nail salons, hairdressers and beauty clinics reopen?

No. Because of the high level of close physical contact involved in these services, they cannot viably open or operate under alert level three. This also includes businesses going to people’s homes to do these services.

They will be able to reopen under alert level two, provided they meet the public health requirements.

How will level three affect export businesses?

Businesses that produce food for export can resume operations under level three, provided they apply all the typical public health measures.

How will level three affect employees, working hours and pay?

Because this will be a complex transition for many businesses, there are no set rules or criteria for this. However MBIE says good faith should apply and urges employers and employees to discuss the situation and base work arrangements and obligations around individual circumstances.

Generally, employees should be paid their contractual wage for each and every hour that they work. However, if during alert level four employers and employees had agreed to a reduction in pay to ensure the financial viability of the businesses and to avoid redundancies, MBIE gives the following advice:

“Any return to standard wages would depend on what was agreed. Any reduction in pay must have been mutually agreed and negotiated in good faith. Employees should have had an appropriate amount of time to consider their employer’s proposal. The minimum wage and your employment agreement apply in all cases.”

If an employer has received the wage subsidy on behalf of an employee, MBIE says that generally the full amount should still be passed on to the employee even if they return to work during level three.

MBIE also urges employees to contact Work and Income if they are experiencing issues with pay and work arrangements.

Can I hire employees?

Yes, but the interviews must be carried out remotely until we move to level two.

Can my workers and I travel?

Yes. Under level three everyone can move across their region and into neighbouring regions if necessary.

For a full table of the rules at each alert level for different businesses, see business.govt.nz.

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Photo: Getty Images
Photo: Getty Images

SocietyApril 19, 2020

Teachers voice concerns around school reopenings under alert level three

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Photo: Getty Images

The country has been asked to prepare for a shift back to alert level three, which will entail the reopening of schools and early childhood education centres. Educators are worried lack of clarity around the reopening of schools could risk student and teacher safety. 

On Thursday, Jacinda Ardern laid out guidelines for a relaxation of lockdown rules as New Zealand prepares to move from alert level four to alert level three. The new level, the timing of which is yet to be determined, would see a range of businesses reopen. It would also see schools return for “voluntary attendance”, said the prime minister. This phrasing concerned many education professionals, who asked whether such a criterion would place an unworkable burden on teachers already strained by the requirements of remote learning systems..

While the earliest possible date for schools to reopen has been set at April 29, the lack of information about what exactly a reopening would look like has left educators puzzled. 

On Friday the Ministry of Education and a selection of education groups, including the NZEI Te Riu Roa and the New Zealand Principals’ Federation (NZPF), entered discussions about how the reopening of schools could best work for all involved, resolving some of the communication issues that had been highlighted in the hours after the initial announcement. 

NZEI Te Rui Roa president Liam Rutherford said he had received more than 1,000 responses from teachers and educators, but was confident about an “ongoing dialogue is going to create opportunities for us to raise health and wellbeing concerns that educators within the profession are rightly going to have”.

Perry Rush, the president of the NZPF, said meetings with the MoE had been reassuring, adding that “the term ‘voluntary attendance’ implies that anybody could go, if you want to. The actual approach is for students who need to attend school, as a consequence of a variety of different reasons.

“I think that’s really important to distinguish because we have to be very careful that we don’t have a situation where students can randomly turn up to school any day of the week. That would make it too hard for schools to plan for adequate staff on site and to coordinate the successful functioning of school communities.”

That message seemed to get through, with advice sent out to schools from the ministry on Friday evening confirming that they would only be open for students who “need” to be there, and there would be a potential restriction of no more than 10 people within school “bubbles”. Teachers say it will be crucial to ensure parents and caregivers are aware of clarified regulations as soon as possible to avoid confusion.

Concern that schools won’t have enough control over the amount of students coming each day are shared by Albany Senior High School principal Claire Amos. She says one of the key messages the government needs to communicate is that parents should not send their children to school if there is another option. 

“If students can stay home they absolutely should, and schools should have a mechanism to have some checks in place to make sure that this really is the last option. We don’t want people suffering in their homes because they can’t go back to work, we need to look after those families but at the same time we don’t want to be the easy option,” she said.

She’s also wary of the potential for teachers’ jobs to get a lot harder if they are trying to educate both in class and remotely.

“What I don’t want to happen is schools under pressure to try and deliver face to face programmes alongside remote ones, I don’t think that’s feasible… we cannot expect schools to be anything other than spaces where they can provide some safe supervision for young people, because it’s only really realistic for teachers to be delivering one mode of education at a time. They’re already under incredible pressure.”

There are concerns, too, that students from small, rural, majority-Māori schools are far less likely to have access to the resources they need for ongoing remote learning. For these students the decision could be going to school, or going without. Educator and researcher Dr Anne Milne told Marae that the traditional “mainstream” education system was never built for Māori, and the move to remote learning has only exacerbated this divide.

“We’ve got all these jigsaw pieces, all these different solutions to do this work online, but the pandemic has moved the picture from the box and what mainstream education doesn’t realise is that our kids were never in that picture, our Māori kids were never on the box and their pieces never did fit … Kids from Ōtara and Mitimiti and all our rural communities and communities where our whanau already struggle, they’re going to be the ones who don’t get the access.”

Finance Minister Grant Robertson speaks to media about schools under level three.

On Friday, finance minister Grant Robertson said the Ministry of Education had made it clear that schools will not be reopening until at least one week after the lifting of level four restrictions is confirmed. He was confident parents would do the right thing to ensure their children’s safety, he said, and the ministry will be working alongside teachers unions and organisations to ensure by the time level three is in place, the regulations around schooling are clearer.

Rush thinks some of these clarifications will begin to emerge in the coming days as the various organisations involved work to give as much time to schools as possible. He said one of the main pieces of information that’s been missing from the discussion so far is the reasoning behind the decision to reopen schools. The lack of information, however, had made it confusing for some educators who simply want to understand the context for the change.

“I am looking forward to the provision of more public health information that provides a clear rationale for the decision taken by the prime minister to invite the return of students up to and including year 10s. I think what has been missing is some of that information that builds the context for the decision being taken,” he said.

Rutherford agrees teachers are keen to see and understand the reasoning behind the decision, so they can ensure the best public health practices when schools reopen.

“People just want to be reassured that a plan is being underpinned by public health information, that’s been really important the whole way along. The key thing is that this work is being driven by the best possible evidence around how to keep people safe.”