The legal distinction between a contractor and employee is changing. Recently there have been a number of significant Employment Court decisions shaping the law in this area.
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A recent decision of the Fair Work Commission (FWC) in Australia provides timely “food for thought" as New Zealand employers consider whether they can require their employees to be vaccinated against COVID-19.
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The Covid-19 pandemic, which remains a risk for all New Zealand, has highlighted how important it is for people to stay home when they are unwell.
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Set out below are the steps that an employer must follow when undertaking any disciplinary process regarding an employee. In addition the specific requirements of any employment agreement also need to be followed by the employer.
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When an employee is accused of not meeting their employer’s expectations, it often results in a lots of stress and anxiety for the employee. It’s no surprise then that employees frequently seek advice about their rights and options when this occurs. It can be very difficult to know what to do, and having good support may take some of the pressure off.
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A personal grievance must be raised with the employer within 90 days after the event or action that led to the personal grievance, or within 90 days after the employee became aware of the event or action, unless the employer agrees or the Employment Relations Authority allows it. There must be exceptional circumstances, and it must be 'just' to allow it.
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A personal grievance is a complaint made by an employee against an existing or former employer. A complaint can be the result of the following…
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In these circumstances, the employer must allow the employee to convert the annual leave to bereavement leave if the employee wishes to do so (Section 37 of the Holidays Act 2003).
Read MoreWhen an employer is considering making an employee(s) redundant, there are three key steps they need to get right…
Read MoreTimes are tough for many. Stress levels are high. An employee may test your patience or let you down, but that is no excuse for failing to meet your obligations as an employer.
Two recent cases remind employers that there are consequences for treating employees unfairly.
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After you have taken all of the preliminary steps, considered all of the potential ramifications, legal and otherwise, and have made the difficult decision to let someone go, stick to it. Don’t torture yourself. Don’t prolong the dismissal procedure! It is, after all, inevitable.
Read MoreIf you are an employee, you may find talk about changes being made to your role get your back up.
You signed up to perform certain duties (hopefully set out in a job description). That’s what you committed to, and you’re aware that employment agreements can’t be changed unless both parties agree.
Read MoreAn employee can be required to work on a public holiday only if the individual would otherwise have worked on that day and if the employment agreement requires the person to work on public holidays. In all other circumstances, employees need only work on a public holiday if they agree to do so and this should be recorded in writing.
Read MoreEmployers may be eligible for support via the Wage Subsidy Scheme or the Essential Workers Leave Scheme if the employer has been adversely affected by COVID-19.
Read MoreThe following table has been prepared by the Ministry of Business Innovation and Employment (MBIE) to provide guidance on employee leave and pay, to ensure compliance with the Government Covid-19 rules.
Read MoreWe continue to receive questions about the wage subsidy scheme, which was further clarified by the Finance Minister in a press release following the 27 March announcement of the modifications. This article compiles a few of these questions and one relating to pay for the upcoming public holidays.
Read MoreThis advice is for employers looking to offer fixed-term employment to Working Holiday Visa ('WHV') holders.
Read MoreRestraint of trade clauses are common in the sale and purchase of a business and in some employment agreements. In a business context, they offer protection to a buyer who has acquired a business and prevent the seller from directly competing against the buyer
Read MoreMedical incapacity issues with employees can be notoriously challenging to manage. Helpfully, the Employment Court recently provided some useful guidance in Amcor Flexibles (New Zealand) Ltd v Gillan.
Read MoreThe Ministry of Business, Innovation and Employment (MBIE) has released the much anticipated ‘active choice form’ that, from Monday 6 May 2019, employers must give to new employees who are covered by the 30-day rule.
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