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Triangular Employment Relationships

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.
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Sherlock Holmes or Joe Bloggs? Who is entitled to conduct a workplace investigation into an 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.
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Keep the faith – restructure guidance in a changing world

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.
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COVID 19 – Frequently Asked Questions

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.
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Gig what? Business gains are possible, but caution required

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

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.
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Who’s the boss?

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.
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