Articles

Are You Getting it Right With Your Casual Employees? The Distinction Between Casual and Part-Time Employees in Practice and the Pitfalls Employers can Face When They Get it Wrong!

Friday, September 21, 2018

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. Read more

Sustained Absence From Work and Medical Incapacity in Employment: When Can an Employer "Fairly Cry Halt"?

Friday, June 15, 2018

It is a fairly familiar situation: an employee sustains an illness, or suffers an injury – probably due to no fault of their own or their employer - and is unable to work for a long period of time. Uncertainty may arise about when he or she can return to work, if ever.  Repeated visits to a doctor or specialist, frustratingly for both the employee and the employer, fail to provide a definite prognosis about when the employee will be fit to return to work or, indeed, whether they will ever be able to do so.  Meanwhile the employee may be receiving no income, or less than their full former salary or wage while receiving an ACC benefit.  The employer is also left in the difficult and uncertain position of not being able to hire a permanent replacement employee but needing to reassign the absent employee's tasks to others, or make do with a potentially more expensive temporary employee. Read more

Changes to Skilled Migrant Category Resident Visa Immigration Instructions Effective From 14 August 2017

Thursday, July 20, 2017

Significant changes to residence class visa instructions for Skilled Migrant Category ("SMC") will come into effect on 14 August 2017.  These changes were introduced by the Government in April 2017 in order to prioritise higher-paid and higher-skilled applicants.  The announced changes have no direct effect on any other visa categories.  Read more

The Health and Safety Reform Bill

James Turner

Tuesday, September 09, 2014

The enactment of the Health and Safety Reform Bill is expected to occur in April 2015. Significant changes to the workplace health and safety framework will require preparation now to ensure compliance.  Read more

Know Your Business - Things You Should Think About Before the Sale

Thursday, November 07, 2013

When it comes to a business sale you need to "know your business".  It is far too easy for assumptions to be made that are not incorporated in the sale agreement itself.  In this article, we comment briefly on some of the things you should think about before seeing an agent or putting pen to paper.  Read more

KiwiSaver Employer Contributions Rate Change

Thursday, April 04, 2013

The minimum contribution rate for employers and employees has increased from 2% to 3% of gross salary or wages from the first pay period commencing on or after 1 April 2013.  Read more

Important changes to Employment Law from April 2011

Wednesday, November 16, 2011

As you may be aware from recent media reports, changes to the Employment Relations Act 2000 (ERA) and Holidays Act 2004 (HA) have now been passed into law and, for the most part, came into effect on 1 April 2011.  Read more

Employees Beware!

Wednesday, November 16, 2011

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. Read more

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