Insights & Articles

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.

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.