Insights & Articles

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.

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.

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.

Whether you're an employer seeking compliance or an employee seeking clarity, this article offers invaluable insights to navigate the process effectively.

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.

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.

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.

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.

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.