Employment

Keep the faith- restructure guidance in a changing world

There is little doubt that the COVID-19 pandemic will have financial and operational consequences for employers for some time to come. Unfortunately, as a result, we also expect to see an 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.

Date: 01 April 2020 Sector Employment

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.

Date: 31 March 2020 Sector Employment

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

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

Date: 29 October 2019 Sector Employment

Should employees testing positive for cannabis be allowed to work?

Imagine recreational cannabis use is legal. What happens when, in a workplace drug test, an employee tests positive for cannabis but claims he/she should be allowed to work because they are not impaired? Is it for the employee to prove they are not impaired, or for the employer to prove they are impaired and does it matter?

Date: 08 August 2019 Sector Employment

Mind your own business – the Privacy Bill 2018

Imagine the writer’s horror to discover when doing a Google search on an unrelated topic, to have pop up on the screen, a list of merchants she used her credit card at, their locations and when she purchased, going back months. And for good measure, accompanied by a map of New Zealand showing where those merchants are located.

Date: 24 May 2019 Sector Employment

Don’t be afraid to talk to your lawyer!

An argument over a measurement error recently led to the unjustifiable dismissal of a cabinet maker which ultimately cost the employer over $16,000 plus legal costs. This case shows how important it is for employers to seek legal advice in a timely fashion to ensure prudent responses.

Date: 21 May 2019 Sector Employment

If recreational cannabis use is legalised, how would this affect employers?

It might be a simple “yes” or “no” question in the referendum at the polls in 2020, but if recreational cannabis use is legalised, it could have far reaching consequences in the workplace.

Date: 16 May 2019 Sector Employment

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.

Date: 09 May 2019 Sector 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 Act 2018

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 Act 2018. This is probably a conservative estimate due to under-reporting. The explanatory note to the Domestic Violence – Victims Protection Bill said the aim was 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. What will be the implications for the workplace?

Date: 19 June 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: 18 June 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: 26 April 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: 22 March 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: 24 October 2017 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: 03 October 2017 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: 04 August 2017 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: 07 April 2017 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: 04 April 2017 Sector Employment

Misconduct outside the workplace

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?

Date: 19 December 2016 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: 14 November 2016 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: 11 November 2016 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: 03 November 2016 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: 28 April 2016 Sector Employment

Redundancy law – important legal developments

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

Date: 03 March 2015 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: 03 September 2012 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: 28 November 2011 Sector Employment