As we wish to celebrate not just the year past, but allied scientific and technical practitioners in particular, as we look to the year ahead, we have created a special 2021 APEX calendar for our members. We have included significant dates for APEX itself, the days on which we celebrate your roles, as well as noting the expiry dates of our collective agreements that occur during the year (as at date of publication) to remind ourselves of colleagues entering the bargaining process throughout 2021. The cartoon featured in this calendar reflects the theme for our 2020 Delegates Conference, and whilst the main focus is on health, resonates for our colleagues in other sectors such as education also.

You can view a digital version of the calendar here. Please get in touch with us if you would like us to send you a copy of the calendar.

The calendar also includes questions that are relevant to our members, the answers to which will be published below on a monthly basis. Click on the month to reveal the answer for the question of the month.

Holidays: You applied in January to take two weeks annual leave in April. This was approved but two weeks before you were due to take it your employer tells you they are cancelling your leave because they are understaffed. What do you do?

a. Rearrange your holiday plans for a later agreed date.

b. Thank you employer but explain that you do not agree to cancelling your leave.

c. Arrange with colleagues to cover your work and go back to your employer with this proposal

d. Given how short staffed your department normally is, accept that two consecutive weeks was always going to be a hard ask but ask your employer to at least reimburse you for costs incurred.

Answer: b.  Thank you employer but explain that you do not agree to cancelling your leave.

Once approved leave cannot be revoked or cancelled without your consent. This is also true if you wish to cancel your own leave, your employer has to agree to this. If you find yourself in the situation described we suggest responding: “I have considered your request, however I do not consent to cancelling my approved leave.”

Contact your delegate or APEX Advocate if you have any leave related issues or queries.

Bullying: Bullying is repeated, unreasonable and directed behaviour towards you or a group of people. Which of the below may not be an example of bullying?

a. Your colleague has demeaned you on a few occasions during weekly work meetings by stating that your ideas are rubbish. They roll their eyes when you speak at meetings, and they tell your colleagues that you’re bad at your job. They do not act this way towards anyone else.

b. Your manager has a bad day and explodes at you during a staff meeting one day and storms out. This has never happened before however you do feel upset by their behaviour especially as it was in front of colleagues.

c. You are new to a department that has had a stable workforce for many years. The staff have traditionally had a social function once a month but understandably you are not invited to attend as you are not a member of the “old team”. After a few months you are feeling a bit uncomfortable being the only one who doesn’t get included and have heard they talk about you when they are together.

Answer: a Your colleague has demeaned you on a few occasions during weekly work meetings by stating that your ideas are rubbish. They roll their eyes when you speak at meetings, and they tell your colleagues that you’re bad at your job. They do not act this way towards anyone else.

and c. You are new to a department that has had a stable workforce for many years. The staff have traditionally had a social function once a month but understandably you are not invited to attend as you are not a member of the “old team”. After a few months you are feeling a bit uncomfortable being the only one who doesn’t get included and have heard they talk about you when they are together.

Both a and c are examples of bullying as they are harmful. a because it is harmful and directed at you, and c because it is exclusionary, sustained and repeated; the behaviour has occurred more than once and is aimed towards you.

While B might be considered unreasonable, it is not repeated so cannot be considered bullying at this stage.

Contact your delegate or APEX Advocate if you have any issues or queries related to bullying in the workplace.

Sexual Harassment: Sexual harassment is unwelcome or offensive sexual behaviour that is repeated, or is serious enough to have a harmful effect, or which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment. Which of the following examples would be considered sexual harassment?

a. A manager constantly asks employees if they ‘scored over the weekend’

b. Your team leader is very experienced, a great teacher and always happy to go out of their way to teach new approaches. They see you are struggling with a technique which requires direct patient contact and suggests that they give you some pointers. You are keen to learn and accept the offer. You join them in a clinic room to go through the process, which involves them touching you so you can understand better how to clinically approach a patient. You feel uncomfortable and embarrassed but accept that it is a clinical teaching environment.

c. Your manager cuddles female colleagues in an overly familiar way and refuses to stop because he says it is just part of his generation.

Answer: This is a trick question, all three of these examples can be considered sexual harassment.

It’s important to note that even if the sexual harassment is unintentional, and the person who is being offensive is initially unaware of its effect, they can still be held responsible if they refuse to acknowledge that their behaviour needs to change, and they do in fact stop. What’s most important is how the behaviour affects you. If you are feeling uncomfortable then you are entitled to call it out and seek help from the union if you are not in a position to tackle it yourself (e.g. because you are being harassed by someone who has power over you) and/or the harasser refuses to stop.

Contact your delegate or APEX Advocate if you have any issues or queries related to sexual harassment in the workplace.

Sick Leave: Sick leave can be taken if you are sick or injured, your spouse is sick or injured, or a person who depends on you for care is sick or injured. Under what circumstances do you need to provide your employer with a sickness certificate? (Hint: The Holidays Act, your employment agreement, and employer policies are all part of the answer.)

a. If they ask for one.

b. If you are absent for 3 days or more.

c. If the employer states that they will pay for any costs of getting the sickness certificate.

d. Only if it is a mental health issue, not a physical health issue.

Answer: a. If they ask for one.

You only need to provide a medical certificate if you are on sick leave and your employer requests one. B is not correct as just because you are away from work due to sickness for 3 or more days does not automatically mean you have to provide a medical certificate. You only need to do this if your employer requests one, and you must pay the costs of getting this. If your employer requests a medical certificate and you have been away from work for less than 3 days, then you must provide one but your employer has to pay the costs associated with obtaining one.

Contact your delegate or APEX Advocate if you have any issues or queries related to sexual harassment in the workplace.

Parental Leave: You want to go on parental leave. How much notice do you have to give your employer?

a. 1 month

b. No notice

c. 6 months

d. 3 months

Answer: a. 1 month.

You are only obliged to give your employer one months notification of your intention to take parental leave.

Contact your delegate or APEX Advocate if you have any issues or queries related to taking parental leave.

Disciplinary Meeting: You receive a letter from your employer inviting you to attend a disciplinary meeting the next day. What should you do?

a. Respond stating that you are contacting your union and get in touch with APEX.

b. Go to the meeting and tell APEX about it afterwards.

c. Shred the letter and pretend you never received it.

d. Respond to the concerns raised, then get in touch with APEX.

Answer: a. Respond stating that you are contacting your union and get in touch with APEX.

While it might be tempting to shred the letter, the best course of action in this instance is to get in touch with us here at APEX. A disciplinary meeting can be a serious thing and we would always recommend you have union representation at one to make sure the process is fair and you are being treated reasonably by your employer. We have considerable experience in dealing with disciplinary matters and can help you to make sure your responses are clear, what your employer can and cannot do as part of a disciplinary process, and how best to deal with any possible outcomes.

Contact your delegate or APEX Advocate if you have any issues or queries related to disciplinary meetings.

Rostering: You and your colleagues are working a new roster and are finding it fatiguing. Which of the following actions should you take?

a. Recognise that we all adjust differently to rosters and that maybe more coffee would help.

b. Notify your employer that the roster is fatiguing and may be unsafe.

c. Draft an alternative roster and present it to your manager for consideration and discussion.

d. Draft a roster between you and your colleagues and start working it without telling your employer.

e. Go on annual leave so you can get some sleep.

Answer:

b. Notify your employer that the roster is fatiguing and may be unsafe.

c. Draft an alternative roster and present it to your manager for consideration and discussion.

Unfortunately, coffee doesn’t solve all problems. If you are finding a roster fatiguing and it is unsafe to continue working it then it needs to be remedied immediately. You are much more likely to achieve favourable change if you and your colleagues have put some thought into how it could be improved and it certainly can’t hurt to come up with an alternative roster but sometimes it is not safe to continue working the existing roster in the interim. Your employer should engage with you to reduce fatigue on your roster as soon as possible.

Contact your delegate or APEX Advocate if you have any issues or queries related to rostering.

Merit: When can you apply for merit?

a. At your annual performance review.

b. Once you have reached the top of the automatic steps.

c. Your manager has to approach you before you can apply.

d. You can apply for merit at any point.

Answer:

d. You can apply for merit at any point.

There are no prescribed times as to when you can apply for merit and if you think you are interested in doing so, take a look at your collective agreement as there are differing processes depending on the contract that you are covered by.  If you run into any difficulties get in touch with your local delegate.

Contact your delegate or APEX Advocate if you have any issues or queries related to merit.

Public Holidays: You’re rostered on the night shift where the first two hours fall on a public holiday and the rest of the shift falls on the following normal day. Are you entitled to a day in lieu?

a. Yes

b. No

Answer:

a. Yes, you are entitled to a day in lieu.

Contact your delegate or APEX Advocate if you have any issues or queries related to public holidays.

Pay Equity: What does the term “closing the pay equity gap” mean?

a. That you are paid the same as your male co-workers.

b. That female dominated professions are paid the same as comparable male dominated professions.

c. That all workers have equal opportunities at career progression, regardless of gender.

Answer:

b. That female dominated professions are paid the same as comparable male dominated professions.

Often male-dominated professions of the same level of skill are paid substantially more due to societies tendency to overlook and undervalue inherent skills often found in female-dominant work such as caring, cleaning, communicating with distressed people and problem solving.

Closing the pay equity gap means ensuring that these skills are not overlooked and comparing roles that are currently, or have been historically female dominated, against male-dominated professions with the same level of skill and paid accordingly.

Contact your delegate or APEX Advocate if you have any issues or queries related to pay equity.

Health and Safety: There’s a ceiling drip in the corridor of your workplace. You slip and hurt your shoulder while walking in the corridor and now you are having trouble moving your arm. What should you do?

a. You know the building is old and a new one is coming; no benefit gained by revisiting that the building is sub standard. Carry on.

b. Take action by putting out a wet floor sign.

c. Go to your GP and tell them you hurt it while mowing the lawn.

d. Notify your employer immediately, make sure the ceiling drip is noted as a hazard, and go to your GP and tell them you slipped at work.

Answer:

d. Notify your employer immediately, make sure the ceiling drip is noted as a hazard, and go to your GP and tell them you slipped at work.

You don’t have to be a health and safety representative to act on hazards in the workplace. If you notice something potentially dangerous, you should notify your employer and make a record of it immediately. If there is a healthy and safety representative in your workplace, you should also make them aware. Once you’ve done this, you need to report your injury as work related in order to have the protection of ACC if your injury means you cannot work or complete certain aspects of your role. If nothing is being done about the hazard identified, then you need to escalate the issue to HR or your health and safety manager and if needed, make a complaint to WorkSafe. Your employer has a legal obligation to ensure your safety at work and need to take this seriously.

Contact your delegate or APEX Advocate if you have any issues or queries related to health and safety.

Te Tiriti: You have submitted a personal grievance and your employer has asked to meet. You would feel more comfortable speaking in Te reo Māori at the meeting, can you?

a. Yes

b. No

Answer: Yes

Yes, you can. Te reo Māori is one of Aotearoa’s official languages and you are able to present your view in the language you feel most comfortable doing so. Should your employer need to make arrangements for a translator this is their responsibility and you cannot be disadvantaged in the personal grievance process for presenting your view in Te reo Māori.

Contact your delegate or APEX Advocate if you have any issues or queries.