Omicron, labour crisis raising tensions at work: What not to tell your employee or boss

Omicron is sparking a wave of disputes about workers' rights as people tussle with the relentless outbreak.

An employment advocate said he was busier with court cases than he'd been for a long time, but workers and bosses could avoid trouble by using common sense.

And a Government employment watchdog said companies should remember obligations to keep the broader community as safe as possible during the outbreak.

Employment advocate Danny Gelb said with so many people stressed out, workplace disputes escalating to court action seemed to be unusually common.

Many businesses were facing strain from the labour crisis, global supply chain issues and Omicron.

Normally Gelb had no more than two disputes stuck in court litigation but said today he had more than a dozen "live" cases.

Pedestrians and commuters in Albert St, downtown Auckland. New Zealand is still recording thousands of new community Covid-19 cases every day. Photo / Michael Craig

Managers wondering if they could compel an employee to come into work despite Omicron concerns should bear one thing in mind, Gelb said.

"The employer has an obligation to provide a safe and healthy working environment.

"If the employee believes that the working environment is either unsafe or unhealthy, then they can raise their concerns."

A fair and reasonable employer would listen to and assess those concerns, Gelb said.

"If they don't, then potentially you can argue that the employer has unjustifiably disadvantaged the employee if they say: We don't give a flying ... you have to work anyway."

There was also some debate about whether managers were entitled to call employees who were off sick.

It was generally fine for bosses to do so, but Gelb said whether an employee chose to take the call or not was another story.

Gelb said many employers had taken on debt or suffered from revenue downturns during the pandemic and might be more stressed than before.

"From an employer's point of view, they've got a business they're trying to run."

Anna Clark, MBIE workplace relations and safety policy general manager, said employers should prioritise looking after people, containing Covid, and protecting public health.

That applied to employees who were sick with Omicron, and those who just needed to isolate.

Employers should not knowingly let staff with Covid-19 come to a workplace.

"If they do, they are likely to be in breach of their duties under the Health and Safety at Work Act," Clark added.

"Whether people can work from home with Covid-19 will depend on whether they are well enough or not. If they feel able to work, they can."

If a worker was sick, or caring for an unwell dependent, they could use sick leave entitlements.

These entitlements were raised in July last year from five days to 10.

"If paid sick leave is not available, employers may consider paid special leave," Clark said.

"Alternatively, an employer and employee may agree that other leave, such as annual leave or unpaid leave, is taken."

She said employers and employees should work together to protect New Zealand during the pandemic.

"This means that normal obligations to keep in regular contact and to act in good faith are more important than ever."