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