Employment law changes are coming
Employment Law Changes are Coming Since National took office in 2023 there has been a steady stream of employment law changes. Trial periods were reintroduced for all employers, the Equal Pay Act was amended, the Fair Pay Agreements Act was repealed, and wage theft was criminalised. There are now also tighter expectations relating to the […]
My house, my home, my castle… my workplace?
Definition of “workplace” “Workplace” is defined broadly under the Health and Safety at Work Act 2015 (Act) to include any place where work is being carried out. It even goes as far to include an aircraft, ship or any waters. This means that the thousands of workers turning kitchen tables and spare bedrooms into temporary […]
Force Majeure Clauses
A force majeure clause is commonly found in employment agreements and entitles a party to terminate, suspend or be excused from their obligations if a force majeure event occurs (aka an event which occurs beyond reasonable control). Whilst it is dependent on the actual wording of the clause, common examples of a force majeure event […]
Raising Sexual Harassment Personal Grievances
A small but important employment law change came into force on 13 June 2023 as the timeframe for employees to raise a personal grievance for sexual harassment increased from 90 days to 12 months. The timeframe to notify an employer for all other personal grievances, such as unjustified action causing disadvantage and unjustified dismissal (which […]
Parental leave in New Zealand explained
At a minimum employers must do what is required by the Parental Leave and Employment Protection Act 1987. However, it is a piece of legislation notoriously difficult to interpret and the costs associated with getting it wrong can be significant, as can the risk of negative public comment. If we strip it back, a employers […]
Employment issues with criminal consequences – the criminalisation of wage theft
Aren’t there already laws in place for this? There already are laws in place designed to protect employees from wage theft but currently claims can only be proceeded in the employment jurisdiction as civil claims by employees or the Labour Inspectorate. So, what’s new? Now, employees will have the option of going to the police […]
Wrapping up the year
As businesses gear up for the busy Christmas and summer period, managing rosters and staffing levels becomes a balancing act. Flexibility is essential for employers who experience unpredictable demand, particularly those in industries where operations remain open and busy throughout the Christmas period. For example, in hospitality, retail, events and tourism. It can be tricky […]
TikTok on the Clock
First it was Twitter and Facebook, then it was Instagram and Snapchat, and now it is TikTok. While the social media app has been around for some time, TikTok has exploded in popularity across the world since the COVID-19 pandemic. TikTok allows users to easily create and share short videos. However, the open nature of […]
What is Hurt and Humiliation Worth?
If an employee pursues a personal grievance in the Employment Relations Authority or Employment Court, and is successful, they may be awarded compensation for hurt and humiliation under 123(1)(c)(i) of the Employment Relations Act 2000. The negotiation of an amount for compensation is also common in private settlement arrangements. However, calculating a monetary value which […]
Dismissing an Employee on ACC
The short answer is yes, however, the dismissal of an employee on medical grounds is not a simple process, and whether it is justifiable will depend on the facts of each case. In other words, it is possible, but it does require very careful thought and handling. Medical incapacity It is well accepted that an […]
Breaker of Chains
A restraint of trade in an employment agreement seeks to stop a former employee from carrying out certain activities after their employment has ended. The purpose is to protect the interests of the former employer. There are two types of restraint of trade provisions that are commonly used. These include: As it stands, restraints of […]
Important legislative changes for organisations that use labour hire workers
The Employment Relations (Triangular Employment) Amendment Act 2019 (the Act) received royal assent on 27 June 2019. The Act’s provision will take effect on 27 June 2020, or a date appointed by the Governor-General by Order in Council, whichever is earlier. The Act will mean that organisations who source and contract workers through labour hire […]
High at Work
If cannabis is legalised, what does this mean for employers? Will employers have to accept employees turning up to work stoned? The short answer is no. Just as employers can currently insist that employees do not come to work under the influence of other legal substances such as alcohol, they will be able to (or […]