Employment Law Articles

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…

Trial periods vs probationary periods – what’s the difference?

Trial periods vs probationary periods – what’s the difference? Trial periods and probationary periods are often included in employment agreements, but despite the similarities in their names, they have very…

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…

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…

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…