Many ‘employers’ in New Zealand, operate under a corporate identity through a limited liability company. There is a common assumption if a company becomes insolvent, that directors or those that influence or control the company, are protected by the ‘corporate veil’ – and can avoid personal consequences. In some circumstances, as this article explores, this common assumption is wrong.
Tis the season to be jolly and avoid jail! Whether blowing off steam at the Christmas Party or closing the doors for some well-earned rest and recuperation, employers need to be on their toes to ensure that they meet their legal obligations. This short article explores some of the statutory obligations employers have.
Disciplinary and performance management of employees in the workplace can be a difficult task depending on the circumstances. How does it change when mental health concerns are raised? In this article, our employment law team explores two cases that address these concerns.
The vast majority of employment relationship disputes fail to make it to Court. In our experience, the most likely outcome is that the parties resolve the matter through settlement. In this article we explore two settlement mechanisms, and what benefits each brings.
Employees subject to sexual harassment in the workplace now have 12 months to raise a personal grievance. The recently passed Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2021 provides a grace period for victims beyond the 90-day period previously provided.
In a quick changing economy, the idea of restructuring a business has become more common. To lessen financial hardship, or to improve the efficiency of their business some employers may consider restructuring or “downsizing” their business to achieve their identified goals.
A common question from employers and employees alike, is what it actually means when an employee resigns with “immediate effect”. The answer: It depends. Another question that frequently gets asked is whether a resignation given in the “heat of the moment” is valid. In this article we explore both of these issues, with a focus on the leading case law.
Do employers need to pay employees who are ready and willing but unable to work from home? The short answer is – most probably. Guidance from the Employment Relations Authority (ERA) and the Employment Court suggests that this obligation is not displaced by the inability of employees to work remotely.
In this article we set out the fundamental aspects of the draft Cannabis Legislation and Control Bill (the Bill) to ensure that you are fully informed to make a decision on the ‘Cannabis’ referendum on 17 October 2020.
The Employment Relations (Triangular Employment) Amendment Act 2019 (new law) came into effect on 28 June 2020. This means a third party who has day to day control of an employee’s work, but is not the employer of the employee, could be exposed to a personal grievance claim from the employee.