Employment

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.

Date: 20 September 2018 Sector Employment

The Domestic Violence – Victims Protection Bill – what's the fuss?

It has been calculated that 110,000 incidents last year would have qualified under the domestic violence document heads covered under the Domestic Violence – Victims Protection Bill. This is probably a conservative estimate due to under-reporting. The explanatory note to the Domestic Violence – Victims Protection Bill says it aims is to support victims to stay in paid employment, provide protection from discrimination in the workplace, and enable victims to maintain domestic and economic stability to assist them to find a pathway out of violence. The Opposition has raised concerns about its impact, particularly on small businesses and say it is not a cure-all. What will be the implications for the workplace?

Date: 16 October 2018 Sector Employment

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

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.

Date: 16 October 2018 Sector Employment

Oh Baby! Changes to Parental Leave to be Delivered 1 July 2018

As at 1 July 2018 the Parental Leave and Employment Protection Act 1987 will be amended by the Parental Leave and Employment Protection Amendment Bill 2017 including changes to parental leave and keeping in touch days. Will the changes affect you as an employer?

Date: 16 October 2018 Sector Employment

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.

Date: 16 October 2018 Sector Employment

Employment Relations Amendment Bill 2018 shakes up employment rights

The much anticipated shakeup of employment law has now emerged with the release of the Employment Relations Amendment Bill 2018 on 31 January 2018. What could it mean for you?

Date: 16 October 2018 Sector Employment

First Sentencing Decisions under Health and Safety at Work Act 2015 - What can we make of them?

WorkSafe says it’s approach to prosecution is intelligence led analysis of serious harm and/or fatalities of workers most at risk. They say penalties under HASWA should “bite” and fines should not be "licence fees”. Has the District Court in the two cases so far taken this on board?

Date: 16 October 2018 Sector Employment

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

Parties to employment relationships regularly take the phrase “resigning with immediate effect” to mean a summary resignation, but is this always the case?

Date: 16 October 2018 Sector Employment

Health warning - do not underestimate the significance of “good employer” provisions in employment agreements

A clause in an employment agreement that the employer will be a “good employer”, looks innocuous enough and seems a nice thing to have. However it is an enforceable contractual obligation and exposes employers to risk of a penalty for breach in certain circumstances. Penalties are awarded as both a punishment and a deterrent and can range up to $20,000 for corporates and $10,000 for individuals per breach. They are not something to be risked lightly.

Date: 16 October 2018 Sector Employment

Health & safety viewed as improving, one year after new legislation

The Health and Safety at Work Act 2015 has been in force since 4 April 2016. One year on, WorkSafe New Zealand have surveyed 800 people about their sentiment towards the new regime. The survey shows that engagement in health and safety has improved with 78% of respondents believing health and safety is being taken more seriously but it is not all good news…

Date: 16 October 2018 Sector Employment

Freedom of speech or harmful social media communication?

Social media has become a part of everyday life. Problems arise when employees or ex-employees add their workmates as social media “friends”, and post disparaging comments about their employer and/or workmates or breach confidentiality.

Date: 16 October 2018 Sector Employment

Misconduct outside the workplace

The silly season will soon be upon us and with it will come the 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?

Date: 16 October 2018 Sector Employment

Is Occupational Overuse Syndrome a Physical Injury?

Occupational overuse syndrome is a not uncommon condition that affects workers doing repetitive physical movements. It mainly affects the fingers, hands, wrists and elbows and involves swelling and pain to affected areas. It is a problem particularly relevant to desk bound office workers. But is it a physical injury that qualifies for ACC cover?

Date: 16 October 2018 Sector Employment

Secret Recordings: Employer’s worst nightmare!

Smartphones and other pocket sized devices have given employees and employers a powerful tool to easily and discretely record workplace conversations and meetings. However, is it legal and what are the implications?

Date: 16 October 2018 Sector Employment

Employment Relations Authority or Human Rights Review Tribunal?

Compensation for emotional harm has been a controversial topic over the years. It is not awarded as a matter of course. Actual evidence of this mental distress must still be demonstrated. The Human Rights Act 1993 provides similar relief, but recent cases in the Human Rights Review Tribunal show significant disparity in the awards given as Hammond, the infamous “cake case”, and the Colin Craig case show.

Date: 16 October 2018 Sector Employment

Holidays from hell

Recently, news broke of problems understanding and implementing the Holidays Act 2003. This article is intended to provide employers and payroll practitioners with useful information on ensuring their payroll system is up to scratch.

Date: 16 October 2018 Sector Employment

Redundancy law – important legal developments

This article discusses important legal developments to be aware of when carrying out an employment restructure.

Date: 16 October 2018 Sector Employment

Another employee caught out on Facebook

You would have possibly heard the tales – employee gets fired badmouthing boss on Facebook or for taking a “sickie” and posting about it. For one Gisborne man, the decision to call in sick for work and then go on a family vacation cost him his job when photographs turned up on Facebook and were shown to his boss.

Date: 16 October 2018 Sector Employment

Ignore workplace bullying at your own risk

In 2011 a local high school initiated an investigation into allegations of bullying. The apparent increasing prevalence of bullying is not isolated to schools but is also on the rise in workplaces globally. Employers should be aware that they may be liable for bullying that occurs in their workplace. For that reason, it is useful to know what constitutes bullying, so that steps can be taken to pre-empt potential incidents of bullying and manage conduct of concern appropriately.

Date: 16 October 2018 Sector Employment