Insights & Articles

There is an important update on the health and safety requirements in the construction sector we wish to share with you if you have not yet been updated. Over the last few weeks, the situation with Covid-19 in New Zealand has noticeably improved. However, it is too soon to celebrate, and there is no room for complacency as we will still be under Covid-19 Alert Level 2, starting this Thursday 14 May 2020. It will remain critical, perhaps more than ever, for everyone in the construction industry to take all necessary steps to keep the virus under control until we are down to Alert Level 1.

From 6 May 2019 employers who have failed to record their individual employment agreements in writing will be liable for an infringement offence under the Employment Relations (Infringement Offences) Regulations 2019.

Employment law can be a bit of a "political football", and with each new government one may expect changes to the Employment Relations Act 2000 ("Act"). Honouring that tradition, the new Labour and NZ First Government passed the Employment Relations Amendment Act 2018 on 5 December 2018. The Amendment Act strengthens union and employee rights at the expense of employer rights, including abolishing use of the 90-day trial period by employers with 20 or more employees.

One of the notable law reforms which was touted in Labour's election campaign has been unveiled in the Employment Relations Amendment Bill 2018 ("Bill") - the restriction on the use of the 90 day trial period.

All too often an employer may claim it had fair grounds for the actions it took to dismiss or discipline an employee, but did so too quickly or used a one sided process, and in doing faces a difficultly in justifying its actions before an Employment Relations Authority. In this article James D Turner, Partner, McVeagh Fleming lawyers, looks at the opportunity for an employer to consider bringing a counterclaim and two recent cases holding employees responsible for their conduct.

The Domestic Violence - Victims' Protection Act will come into effect on 1 April 2019. The legislation aims to enhance legal protections in the workplace for people affected by domestic violence by helping victims to stay employed and addressing discrimination stemming from domestic violence in the workplace. The Act brings a normally private matter into the working domain.

Doing Business in New Zealand - A Guide

Employers and employees alike have long been grappling with the Holidays Act 2003 ("Act") due to its complexity. Difficulties with compliance has resulted in employees receiving incorrect payments, being unaware of their statutory entitlements and employers owing significant amounts of historical underpayments. It is no surprise the Labour Government's announcement to review the Act was welcomed by many.

2020 has been a year of upheaval for employers. Now many employers are looking for different ways to employ staff where their requirements have changed.