Insights & Articles

Recently there have been a number of announcements by large employers overseas making the Covid-19 vaccine mandatory for customers and or employees. However, in New Zealand the Ministry of Health has confirmed that it will not be making the Covid-19 vaccination mandatory for New Zealanders. Given the current climate, employers in New Zealand are considering their options, including whether to make the vaccination mandatory in the workplace or even if they can encourage their employees to have the vaccine.

The Court of Appeal recently released a decision Metropolitan Glass & Glazing Limited v Labour Inspector Ministry of Business, Innovation and Employment [2021] NZCA 560 reversing an earlier ruling of the Employment Court regarding short-term incentive payments under the Holidays Act 2003.

Casual employees are commonplace in many businesses and a useful resource that allows flexibility in meeting employers' needs. However, too many employers fail to recognise the difference between casual and permanent full and part-time employees, including the key differences in employment rights, responsibilities and entitlements. It is important that employers understand the distinction to avoid unwanted consequences.

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.

Should we include a trial period in the employment agreement? A trial period is a tool that can be used by employers to find out if an employee is suitable for a role. During the trial period, an employer can dismiss the employee and the employee cannot raise a personal grievance for unjustified dismissal, so long as the trial period is valid. Trial periods if used correctly, are a great tool for employers. However, trial periods are often challenged, so it is essential employers know when to use them and what is required.