Major Employment Law Changes Are Now in Force – What Does This Mean for Employers & Employees?
Key employment law changes explained with practical guidance for employers, employees, and contractors in New Zealand.
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Employment Law Articles
Supreme Court Confirms Uber Drivers Are Employees
Key Takeaways and Next Steps for Businesses Using Contractor Models Recently, New Zealand’s Supreme Court delivered a unanimous decision that four Uber drivers are employees (not independent contractors) under the…
Changes to the Holidays Act 2003: what this means for employers and employees
Employment Leave Act NZ: Key Changes to Annual Leave, Sick Leave & Public Holidays New Zealand employers have long battled with the compliance headache that is the current Holidays Act…
The on-going Uber Dispute: The ball is now in the Supreme Court… or is it?
How the Uber case and a proposed ‘gateway test’ could reshape contractor law This article follows our earlier update on the Court of Appeal’s ruling that four Uber drivers were…
Planned Employment Law changes: remedies removed for at-fault employees
Removal of rewards for at-fault employees In a recent article, we discussed planned changes to the Employment Relations Act 2000 (“the Act”) which would see high-income earners barred from raising…
Change to income threshold for unjustified dismissal
Change to income threshold for unjustified dismissal Many employers will welcome news that New Zealand will exclude high-income earners from personal grievance claims for unjustified dismissal, with an amendment to…
The Court of Appeal finds Uber drivers are employees
Uber drivers classified as employees: Court of Appeal dismisses Uber’s appeal The Court of Appeal has dismissed Uber’s appeal and upheld the 2022 Employment Court decision that four Uber drivers…
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…
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…
Failing to comply with minimum employment standards costly for employer
A recent Employment Relations Authority (ERA) hearing has found that a Dunedin bakery owner failed to pay its three employees correct wages, sick leave and holiday pay. The workers employed…
New rules for whistleblowers from 1 July
Significant changes are being made in New Zealand workplaces to better protect whistleblowers. The Protected Disclosures (Protection of Whistleblowers) Act 2022 is set to replace the Protected Disclosures Act 2000…
Gloriavale employment court decision raises the question, who is an employee?
This week the Employment Court handed down a landmark decision relating to three former members of the Gloriavale Christian community. While this case might seem extreme or unusual it is…
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…
Record-keeping And Wages Under The Microscope – Poor Administration Can Be Costly
A recent Employment Relations Authority case, Labour Inspector v Aulack Enterprises Limited, highlights the importance of ensuring that all employees have compliant employment agreements, that your wage and time records are accurate,…