Return of the trial period – common pitfalls and lessons learned
Return of the trial period – common pitfalls and lessons learned Since trial periods were reintroduced to the employers’ toolkit in December 2023, we have noticed a wide spectrum of…
Changes to workplace health and safety law – do you have a workplace committee?
On 13 June 2023, the Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023 came into force. This Amendment requires all persons conducting a business…
From 90 days to 12 months: Victims of workplace sexual harassment afforded greater time to raise personal grievances
In the wake of the “#MeToo” movement, employees who believe they have experienced sexual harassment in the workplace will now have four times as long to raise this grievance with…
Timeframe for raising a personal grievance for sexual harassment looks set to increase
In late 2021, the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill was introduced into Parliament. This Bill has now passed the committee of whole house…
Fair pay agreements – What are they and in what circumstances will they apply?
On Wednesday 26 October 2022, the ‘Fair Pay Agreements Bill’ passed its third and final reading in Parliament. It is expected to come into force on 1 December 2022. What…
Uber drivers declared employees
In a marked change from the position adopted by the same court in 2020, the Employment Court on 25 October 2022 found that four Uber drivers were employees, not independent…
When can an employer require an employee to take annual holidays?
In this post-COVID world, some employers may be finding that their employees’ annual holiday balances have crept up, and they may be asking themselves whether they can direct those employees…
The tricky question of employee vs independent contractor
The question of whether someone is an employee, or a contractor, can have significant implications for both parties. This question has been hotly debated, and the Employment Relations Authority and…
Weaponizing personal grievances – is it time to rethink employment claims in New Zealand?
For a long time, employers in New Zealand have complained of ‘shake-down’ type claims, where a disgruntled former employee raises a personal grievance which has very little prospect of success,…
Directors personally liable for breach of the Employment Relations Act 2000
A recent Court of Appeal decision found that the Directors of Southern Taxis Ltd were personally liable for the unpaid minimum entitlements of Southern Taxi’s employees. The judgment confirmed that…