What to do in a crisis: Cyclone Gabrielle FAQs

My business has been affected by the weather and I can’t open right now. What do I need to pay my employees?

I’ve got a force majeure clause in my employment agreements, and my business has been affected by the flooding, so I can’t open right now. Can I use this clause to fire my employees?

I sent my employees home early the other day because of the weather, but we’re back up and running now. What do I pay them for the short day?

We’re open, but one of my team doesn’t want to come to work, because they’re nervous about the weather getting worse or navigating the roads. What can I do?

We’re open, but one of my team can’t come to work because of damage from the cyclone. Do I need to pay them while they’re off?

What government support is available to individuals who have been affected by the weather?

What government support is available to businesses and organizations that have been affected by the weather?

I’m struggling right now. This is a lot to deal with, and I’m affected by what’s happening. Where can I get help?

In Aotearoa New Zealand’s third-ever national state of emergency, businesses and organisations up and down the motu have been affected by Cyclone Gabrielle.

Flooding, power cuts, building damage, and disruption to roads, transport and supply links are all disruptive and challenging to deal with.

Beyond the disruption to business as usual. These difficulties are also challenging on a personal level, and after three years of the COVID-19 pandemic, many people are experiencing heightened anxiety, concern, anger, sadness, and worry about what’s happening right now.

We’ve put together this resource to quickly troubleshoot the questions we’re receiving most from our MyHR clients.

Note: In all cases, refer to the individual or collective employment agreement that you have with your staff, review your policies, before taking action, and seek professional guidance where appropriate.

My business has been affected by the weather and I can’t open right now. What do I need to pay my employees?

This will depend on what's in the employment agreement that you have with your employees. Here are some options:

  • If your employees have the ability to work remotely or from home and can do so, then discuss this plan with them and pay them normally; or
  • If you have a shift cancellation clause, you can use this to give notice to your employees that their shifts have been cancelled. Make sure to give the appropriate amount of notice (typically between 2 and 6 hours); or
  • If your business is in a position to do so, as a gesture of good faith continue to pay your employees for the hours they would have worked if you’d been able to open; or
  • If none of these options are suitable, then you can run a consultation process with your employees to temporarily put them on unpaid leave for the time that your business is closed. 

I’ve got a force majeure clause in my employment agreements, and my business has been affected by the flooding, so I can’t open right now. Can I use this clause to fire my employees?

Probably not. It will depend on the circumstances, but force majeure clauses are typically only used when your business is so badly affected by circumstances beyond your control that you are closing down the business and will never re-open.

If it looks like you’ll be out of action for a short period, and will then re-open, it’s unlikely you’ll be able to do this.

If you want to look at using your force majeure clause, seek professional advice.

I sent my employees home early the other day because of the weather, but we’re back up and running now. What do I pay them for the short day?

If your employee can work remotely, then discuss this plan with them, and pay them as usual.

If your employee can’t work remotely, then offer them the option of annual leave or unpaid leave to cover their time away.

If there’s the option for them to make up the hours later in the week, fortnight or month, then you can agree for them to be paid as usual and for them to make up the hours later.

We’re open, but one of my team doesn’t want to come to work, because they’re nervous about the weather getting worse or navigating the roads. What can I do?

These are stressful circumstances, and, understandably, some people will be nervous about venturing out and about.

  • If your employee can work remotely, then discuss this plan with them, and pay them as usual.
  • If your employee can’t work remotely, then offer them the option of annual leave or unpaid leave to cover their time away.
  • If there’s the option for them to make up the hours later in the week, fortnight or month, then you can agree for them to be paid as usual and for them to make up the hours later.

Regardless of the outcome, if they’re feeling distressed, make sure to provide them with contact details for support services available (listed at the bottom of this page), including EAP services if you offer a programme.

We’re open, but one of my team can’t come to work because of damage from the cyclone. Do I need to pay them while they’re off?

If your employee can work remotely, then discuss this plan with them, and pay them as usual.

If your employee can’t work remotely, then offer them the option of annual leave or unpaid leave to cover their time away.

If there’s the option for them to make up the hours later in the week, fortnight or month, then you can agree for them to be paid as usual and for them to make up the hours later.

What government support is available to individuals who have been affected by the weather?

There is a Civil Defence Payment available to anyone who’s had to leave their home, can’t return to their home, or can’t go to work. The payments range from $205.78 per week to $1,336 per week, and there are one-off payments available to help with food, bedding etc. Note, your employee(s) will have to apply for this directly.

Ask your employee to call Work and Income on 0800 400 100 to figure out what additional support they may be eligible for.

What government support is available to businesses and organizations that have been affected by the weather?

For businesses in Auckland, there is a $5mil support package - read more here, and apply for Back To Work grants here.

For NGOs and community organizations, there is an $11.5mil support package - read more here.

The IRD and banks are also working to provide support - contact the IRD here and speak to your business manager at your bank to see what help is available.

I’m struggling right now. This is a lot to deal with, and I’m affected by what’s happening. Where can I get help?

You’re not alone. We’re all in this together, and there is support available.