Employment - Employees

Employee v Contractor Status Disputes – A New Law But Old Problems?

Employee v Contractor Status Disputes – A New Law But Old Problems?

The government has announced its plan to amend the Employment Relations Act 2000 by introducing a new legislative test that aims to prevent workers from challenging their status as an independent contractors and claiming that they are employees.
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When contractors are actually employees – The Uber case and its implications

When contractors are actually employees – The Uber case and its implications

When engaging people as contractors, it's not just the contract label that matters — how the working relationship functions in practice is key. If a contractor is treated like an employee, with significant control exerted over their work and integration into the business, the contractor will 'at law' likely be an employee, and getting this classification wrong can be and often is expensive. Understanding and correctly applying the criteria is essential to avoid legal and financial repercussions.
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Remember to keep your employees in the loop when selling your business

Remember to keep your employees in the loop when selling your business

Selling a business involves balancing confidentiality and transparency with employees, especially under New Zealand employment law. When selling assets, employers must consult with employees before finalising the sale to avoid grievances if jobs are affected.
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Restructures

Restructures

Whether you're an employer seeking compliance or an employee seeking clarity, this article offers invaluable insights to navigate the process effectively.
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A large compensation payment for bullying

A large compensation payment for bullying

The Employment Relations Authority (ERA) recently issued a noteworthy determination, in which a significant amount of compensation was awarded in favour of an employee who had endured severe bullying in the workplace. This case has the potential to establish a precedent, paving the way for comparable compensation awards to be made in cases involving moderate to severe breaches of employment law by employers.
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Ensure your employment agreements are up to date

Ensure your employment agreements are up to date

Written by:
Melissa Johnston
The Holidays Act 2003 specifically provides for annual 'customary' closedowns. There are a few rules you need to be aware of. We have set out some scenarios, and answered the most commonly asked questions.
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Closing down over Christmas and managing annual leave

Closing down over Christmas and managing annual leave

Written by:
Melissa Johnston
The Holidays Act 2003 specifically provides for annual 'customary' closedowns. There are a few rules you need to be aware of. We have set out some scenarios, and answered the most commonly asked questions.
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Medical incapacity of an employee

Medical incapacity of an employee

Medical incapacity of an employee is a challenge that demands a delicate balance between empathy and practicality. Determining when to draw the line on a long-term illness and how long to keep a job open for a sick employee is a challenging task shaped by case law intricacies. Employers are not expected to hold a position indefinitely but they must follow a fair process before terminating an employee’s employment.
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The Impact of the Upcoming Election on Employment Law in New Zealand

The Impact of the Upcoming Election on Employment Law in New Zealand

Written by:
Melissa Johnston
& Gus Hardie Boys
We are fast approaching New Zealand's General Election, and the nation's political parties have hit the campaign trail with their visions for the country. Changes are expected not only in the political sphere but also in employment and workplace relations. This article discusses the political parties' campaign promises and provides an overview of some of the parties' plans for the future, with a note that the list is not exhaustive
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Proposed Changes to KiwiSaver Contributions: What Employers Need to Know

Proposed Changes to KiwiSaver Contributions: What Employers Need to Know

Written by:
Melissa Johnston
Is your company deducting the Employer KiwiSaver contribution from your employees' pay? A new Bill, introduced to Parliament on 8 June 2023, aims to revolutionize the employer's role in KiwiSaver contributions.
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Extension of Time for Sexual Harassment Claims is now Law

Extension of Time for Sexual Harassment Claims is now Law

Written by:
Melissa Johnston
Gus Hardie Boys
The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill ("the Bill") has now become law.
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A Reminder of the Duty to Consider Redeployment

A Reminder of the Duty to Consider Redeployment

Written by:
Melissa Johnston
Gus Hardie Boys
One of the considerations that employers need to make when undertaking a restructure and making roles redundant, is whether there are any redeployment opportunities for the impacted employees. See our previous article on restructures, which noted that, "During the consultation phase, you must consider and discuss with the employee whether there are any redeployment opportunities for them within the business, or if there are alternatives to redundancy, such as reducing hours or taking a period of leave".
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Wage Theft - The Crimes (Theft by Employer) Amendment Bill 2023

Wage Theft - The Crimes (Theft by Employer) Amendment Bill 2023

Written by:
Melissa Johnston
Gus Hardie Boys
Employers are generally prohibited by law from withholding an employee’s wages or salary, and other monetary entitlements due to the employee under legislation, with very few exceptions. The Government is now looking to criminalise intentional acts by employers of withholding such payments.
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Getting Restructures Right

Getting Restructures Right

Written by:
Melissa Johnston
Gus Hardie Boys
There have been numerous news articles recently about restructures, loss of jobs, and the impending gloom of 2023. If you are thinking about restructuring, you need to ensure the process is carried out correctly.
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Potential Changes Ahead to Sexual Harassment Claims and Restraints of Trade

Potential Changes Ahead to Sexual Harassment Claims and Restraints of Trade

As well as potential changes to the Holidays Act, see last year's article Changes on the way for the Holidays Act, there are potential changes on the horizon in relation to sexual harassment claims and restraint of trade provisions. We have outlined the details below.
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The bells are ringing, it's nearly Christmas - managing annual leave over the Christmas period

The bells are ringing, it's nearly Christmas - managing annual leave over the Christmas period

Written by:
Melissa Johnston
The countdown to Christmas is on. Many workplaces in New Zealand are planning their annual closedown over the Christmas period. This will likely mean that many employers are attempting to navigate the complexities of the Holidays Act 2003. We have set out to answer some frequently asked questions during this time of the year.
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Do You Have Independent Contractors and Do You Work in the Construction Industry?

Do You Have Independent Contractors and Do You Work in the Construction Industry?

Written by:
Melissa Johnston
The construction industry often engages independent contractors, rather than employees. There is clearly a need for contractors in the industry, but in some situations, contractors are engaged because they are often seen as easier to engage than employees. This is often because a company can end a contractor's contract by giving notice, contractors do not receive annual leave or sick leave and are not entitled to minimum wage.
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Requiring Employees to Take Annual Leave

Requiring Employees to Take Annual Leave

Written by:
Melissa Johnston
The Employment Court recently issued a decision relating to whether employers were entitled to require employees to take annual leave during the Covid-19 lockdown in April 2020. Three employees brought a case against Carter Holt Harvey LVL Limited ("the Company") after the Company told staff that they would need to take eight days leave during the lockdown in April 2020.
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Accredited Employer Work Visa - the new visa and what you need to know

Accredited Employer Work Visa - the new visa and what you need to know

Written by:
Melissa Johnston
Significant changes are coming to the immigration sector in New Zealand, which will have major repercussions on employers who are intending to hire migrants to work in New Zealand. The Accredited Employer Work Visa ("AEWV") is a new temporary work visa being introduced on 4 July 2022. This new visa is one step in the Government's five step plan for reconnecting New Zealand to the world after the Covid-19 pandemic.
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Probationary Periods

Probationary Periods

Written by:
Melissa Johnston
Should we include a probationary period in the employment agreement? As per our previous article, "90 Day Trial Periods", if you have 20 or more employees you cannot include a trial period in an employment agreement, as an alternative, many employers choose to include a probationary period.
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