Articles

Employment Law

Education Sector Employee Awarded $100,000.00 in Disregarded Sick Leave

In a recent Employment Court decision, Canterbury Westland Kindergarten Association Incorporated v Barnes [2020] NZEmpC 199 an employee was awarded more than $100,000.00 in disregarded sick leave caused by bullying in the workplace.
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Managing Annual Leave Over the Christmas Closedown Period

It’s that time of year again, less than one month until Christmas. Many workplaces in New Zealand will be planning their annual closedown over the Christmas period. We have set out some common questions we are often asked at this time of the year.
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Casual or Fixed Term?

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.
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Implications for Incentive Payments/Bonuses

Employment Court decision has significant implications for employers in respect of target-based incentive payments, and holiday pay entitlements over annual closedown periods. The Labour Inspectorate and Metropolitan Glass jointly filed proceedings in the Employment Court as they were unable to agree on holiday pay calculations (Metropolitan Glass and Glazing Limited v Labour Inspector, Ministry of Business, Innovation and Employment [2020] NZEmpC 39).
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Recent Decision by Employment Relations Authority Concerning Wage Reductions and the Government Wage Subsidy

During the Alert Level 4 New Zealand Lockdown ("Lockdown") we saw many businesses reduce employee wages and apply for the Government Wage Subsidy due to the effect of Covid-19.
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Workplace Personal Grievance Options Expanded Under New Law - Employment Relations (Triangular Employment) Amendment Act 2019

On 27 June 2020 the Employment Relations (Triangular Employment) Amendment Act 2019 ("the Act") came into force. The Act aims to provide protection to those in triangular employment relationships. Typically, a triangular relationship exists where a person is employed by a labour hire company/recruitment agency, and works under the control and direction of another entity (a controlling third party).
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Reducing the Size of Your Staff?

In the current Covid-19 environment we are seeing a significant increase in the number of redundancies. We have set out briefly below a few points to bear in mind if you are thinking about making roles redundant.
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Health and Safety Protocols for the Construction Industry - Covid-19 Alert Level 2

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.
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Practical Guidance for Employers During Covid-19

The Covid-19 Lockdown is a unique situation that continues to change rapidly and this raises a number of questions and concerns for people, especially in the employment space. The situation surrounding Covid-19 requires flexibility from both employers and employees.
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Redundancy During Covid-19

In the wake of the Covid-19 lockdown, many employers are assessing options available to them to save their business and are contemplating cutting staff. This decision should not be taken lightly as the underlying requirements for proper termination of employment still apply.
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