Employment Archives

Sherlock Holmes or Joe Bloggs? Who is entitled to conduct a workplace investigation into an employee?

23 July 2020

Workplace investigations previously have been carried out by different persons, in various different capacities. However, a recent case has brought into question the legitimacy and legality of such investigations and who is legally entitled to conduct a workplace investigation. In this article, we set out the recent legal developments in this area and the potential implications that flow from these.

Keep the faith – restructure guidance in a changing world

1 April 2020

The COVID-19 pandemic has had significant financial and operational consequences for employers and this looks set to continue . Unfortunately, as a result, we also expect to see a continued increase in restructure proposals and redundancies. This article serves as a timely reminder as to what employers must demonstrate before undergoing a restructure or redundancy process.

COVID 19 – Frequently Asked Questions

31 March 2020

As COVID 19 spreads in New Zealand, it can be daunting keeping up with information and making decisions quickly about how businesses and workers jobs can be saved. In this update we answer questions that have come across our desks about the impact on employment of New Zealanders in these extraordinary times. Our aim is to keep you informed and to answer your questions about what it means for you.

Health and Safety in the Workplace: Ignore it at your peril

29 October 2019

This article discusses the repercussions that could arise in the event an entity fails to discharge its health and safety obligations.

Gig what? Business gains are possible, but caution required

9 May 2019

Business gains are possible, but caution is required when joining the fourth industrial revolution. What needs to be considered by employers and employees alike is addressed in Alexandria Till’s article focussing on the gig economy and triangular employment agreements.

A Safe and Healthy Workplace – The Importance of a Good Bullying/Harassment Policy

20 September 2018

Recent case law has provided further guidance to employers as to what they may wish to include in a bullying and harassment policy, and what will be considered in the absence of such a policy. Employers need to consider how they are fulfilling their duty of care to employees including, in particular, what they are doing to prevent bullying in their workplace.

When is a full and final record of settlement not full and final?

18 June 2018

Many people assume when they have entered into a binding record of settlement to resolve an employment relationship problem, that will be an end of the matter, other than for enforcement purposes. Well, not always so.

Who\’s the boss?

22 March 2018

Employment law institutions in New Zealand have yet to grapple in any detail with issues arising from complex employment arrangements, typically the labour on hire arrangements, so-called triangular (or tripartite) employment relationships. If your company engages workers using a labour hire company, there are some important factors and fishhooks for you to be mindful of. This article identifies some of those factors and summarises the potential risks.

Resignations “with immediate effect” – What does this mean?

3 October 2017

The wording is ambiguous. It could be interpreted as “ I am resigning today”. It could also be interpreted, as is more common, as “I am ending my employment today without giving notice”.

Misconduct outside the workplace

19 December 2016

The silly season is upon us! With this comes work Christmas parties, social gatherings with clients/customers and of course, an increase in alcohol consumption. While most employees will conduct themselves responsibly, there are a select few that will fail miserably. The question many employers face is: what happens when an employee acts up outside of the workplace?