News

Unauthorised absences over the holiday season are unfortunately, not uncommon. A frequent question we get is ‘at what point can I conclude the employee has abandoned their employment?’

Do you know the penalty or fine for not having a signed employment agreement for an employee? The new year could be a good time to check your employment agreements, make sure you have a current signed one for every employee, and that they are up to date and fit for purpose. Try this Q&A to test the basics.

A small construction business faced a personal grievance after dismissing an employee for allegedly not disclosing his previous dismissal during the hiring process. The case, which reached the Employment Court, highlights the importance of clear wording in employment agreements, particularly regarding disclosure requirements.

There are times when poor performance escalates to a level that necessitates a disciplinary approach. Recognising when to transition from performance management to a disciplinary process is essential.

Have you heard the saying ‘no good deed goes unpunished’? This Employment Relations Authority case is the epitome of this. In brief the employer gave an employee who they dismissed in their 90-day trial period, a further two month fixed term agreement because it was just before Christmas and they felt sorry for them.

Your employee has broken their ankle. Does it make a difference if it happened during their lunch break while playing soccer with colleagues or on their way home from work? Test yourself with this Q and A to find out the answer to and the implications for pay.

A man who helped his girlfriend establish a new business, in competition with his employer, has been ordered by the Employment Relations Authority (ERA) to pay his former employer $ 22,854.36, and the girlfriend to pay $6,000 for aiding and abetting him to breach his employment agreement obligations.

In response to the uncertainty of the changing relationship between employee and contractor the government is proposing amendments to the Employment Relations Act 2000, aiming to introduce a "gateway test" to clarify who qualifies as an independent contractor.

This article may seem too early, however, if you are planning a closedown over the Christmas and New Year period, you need to start thinking about it soon.

Dealing with an underperformer and then being accused of bullying can be confidence shattering. You wonder how the tables turned so suddenly. Now you find yourself defending your actions, fearful of doing or saying anything, all the while the employee’s behaviour is being ignored and is escalating.

Bullying has become a key concern in workplaces. A recent decision in the Employment Relations Authority spotlights the steps an employer took when faced with an allegation of bullying.  

Do you have a Bullying and Harassment policy? This Q & A will answer your questions regarding your obligations and how to implement one effectively.

Many organisations are thinking about restructuring. A recent decision in the Employment Court reminds employers of the need to provide employees with information to ensure they have a ‘real’ opportunity to provide feedback before a decision is made

When an employee leaves your business, for whatever reason, it is important to explain or communicate to the remaining staff in a professional way. Here are some examples...

This personal grievance went all the way to the Employment Court. The employee, was permitted to take the company ute home to get to and from work and some personal use, however the agreement took a turn...

This Employment Relations Authority (ERA) case considered whether a casual employee can be dismissed, or, because of the casual nature of the relationship, does the employee’s employment simply quietly come to an end?

With 90 day trial period available to all employers once again, and the common practice of bringing in candidates to ‘trial’ them as part of the recruitment process, here is an important case to remind us to proceed with caution.

The question in this Employment Relations Authority (ERA) case was whether the employer could change a roster system that was in place for 12 years, but wasn’t specified in the employment agreement. The employee claimed it had become an implied term and couldn’t be changed.

Could this happen in your organisation? A woman filled in a form with an organisation, which included many personal details. Several months later a random person sent her a copy of the completed form, via social media, telling her he had been sent it by this organisation.

If you have ever thought of reducing an employee’s standard hours of work, days of work, normal responsibilities or any other term in their Employment Agreement, please remember that you can’t do this unless you have their agreement. It can be costly.

Thinking about payroll over Easter is an excellent reason to indulge in Easter Eggs and Hot Cross Buns. There is always some tricky scenario that baffles even the well seasoned payroll administrator. So go and grab a few easter eggs you hid from the children/partner and settle down for some revision.

Most employees who leave your organisation do so with respect and genuine ‘good luck’ wishes. Unfortunately some don’t. Here are a few scenarios we have been asked about (with a fair bit of poetic licence to protect identities)…what would you do?

Changing the legislation was a priority promise for the new government and it came into effect on 23 December 2023. The rules that apply must be adhered to as failure to do so could result in an unfair dismissal personal grievance (which defeats the whole purpose of using them).

What can an employer do when someone leaves without giving their required notice? A recent Employment Relations Authority decision addressed this question. The employer was awarded $3,000 from their ex-employee for his failure to give notice without reasonable cause.

Managing Times of Peak Pressure Looking for helpful hints and tricks when managing times of pressure? Join our complimentary training…

Restructures within an organisation can be difficult – not only following the correct process but also the emotions of everyone involved. It is important to stop and think about the process before you embark on this. Here is a Q & A to get your thinking going.

With Christmas day falling on a Monday this year, it makes calculating the payroll a little easier. There is no transferring of the public holidays (unless you have a specific agreement for this), so Monday 25th and Tuesday 26th December are public holidays as are Monday 1st and Tuesday 2nd January. Read more for a summary of the fundamentals:

If you are tempted into rushing a restructure before the Christmas break then consider your steps very carefully.  A restructure which may result in lost positions, must still be considered thoroughly.   There are strict legal obligations on the employer notwithstanding that the writing is on the wall. 

Our recent free seminar on communication and leadership had great feedback and created a real buzz. The Nelson event was fully booked and so is the upcoming Blenheim seminar and we’ve had a lot of out of town interest. So, for those interested, we are looking to deliver the same seminar as a free webinar and we would like to gauge your interest.

At the risk of being hounded for mentioning Christmas in October, if you are planning a closedown over the Christmas and New Year period, you need to start thinking about it now. Here is a Q&A to get your thinking going.

There are times an employer is faced with different paths for bringing an employee’s employment to an end. They may…

We have a new government and, subject to the nuances of who the National Party will partner with, they have a pre stated 100 day plan.  Changes in the employment arena cover two primary legislations changes. It is intended to reintroduce the 90 day trial period for all employers and to repeal the ‘Fair Pay Agreements’ legislation.

Is an intern an employee? According to a recent Employment Relations Authority (ERA) case the answer is yes. This decision, along with a general trend on what is deemed to be work is once again in the spotlight.

In the middle of a disciplinary process the employee calls in sick (generally the reason given is stress) and says they can’t attend any further meetings.  This prolongs the disciplinary process, often to the point where the employer is left wondering if taking disciplinary action is worth it. This is a frequent occurrence and one that leaves employers frustrated.

If you have employees who are commercial cleaners, security officers, work in early childhood education, the grocery supermarket industry, bus transport or in hospitality related roles, then this article is an essential read.

There is an important development in employment law occurred on 13 June 2023.  It extends the time frame to allow a claim of sexual harassment in the workplace from the standard 90 days to 12 months.

A New Zealand Steel company found out the hard way, the cost of getting a redundancy process wrong. The employee was awarded $25k in compensation, 18 months lost wages and was reinstated.

An exciting and scary development in Artificial Intelligence (AI), Chat GPT is affecting us all in the workplace. Recently, I ventured into the abyss and tried it for the first time. I asked it to “Write an article on the impact of Chat GPT on employment in New Zealand.

What are your options for conducting a workplace investigation? He is a short Q & A to test your knowledge on how to approach these scenarios.

After just 6 months into her new job, Katherine McIntyre felt compelled to resign from her Administration Assistant role because of the bullying behaviour of her colleague. She raised a personal grievance claiming constructive dismissal.

The first union application for a Fair Pay Agreement (FPA) to be negotiated has been approved by the Chief Executive of MBIE. Bus Drivers are the first cab off the rank. Here is a reminder of what this is all about and why it is important for all employers to understand the impact.

We are likely to all agree that once an employee is at work and being productive, they are working and therefore entitled to be paid. The question becomes more contentious when considering less clear-cut circumstances such as the time traveling to and from work, having to sleep over somewhere because of work, being on-call but not actually at work, or being at work but not being as productive as expected.

Usually, a genuinely sick employee is easier to manage than one you suspect of ‘trying it on’. When someone is genuinely unwell, they are open and honest with you and provide you with the information you need to make decisions and plan for cover, your ability to manage and be understanding is often extensive. Most employers go beyond their legal obligations to try to support a sick employee.

Absence comes in all shapes and sizes and can be daunting for employers to know the best way to address the issue. Try our quick Q & A to test your knowledge on how to approach these scenarios.

If you require employees to do overtime, even if they can turn it down in practice, they must be compensated for this availability according to a recent Employment Court decision.

Are you up to speed with the Fair Pay Agreement process, your obligations, and how it may affect your business? Test your knowledge by reviewing these scenarios.

There is a process that must be followed before you make a decision to implement redundancies.. Try our quick Q & A to help you test knowledge on the redundancy process.

In 2019 it was formally recognised that an employee affected by family violence (either current or historical) can be significantly impacted in every aspect of their life, not least the satisfactory performance of their employment obligations.

A case recently before the Employment Relations Authority has seen a small error in the process by the employer resulting in a compensation payment to an employee with a negative attitude who also operated his own business during the employer’s time.

This year Christmas Day is after Boxing Day, and New Year’s Day comes after January 2nd! Don’t believe me? These Q&As on public holidays and closedowns over Christmas may help you to understand.

You think you have found the ideal applicant for your position.  You offer them the position.  They may even have signed an employment agreement. But before they start work you become aware of information that makes you question their suitability.   Can you revoke the offer of employment?

This case outlines the importance of consultation when applying the selection process following a restructure. The Authority found two redundant employees had been unjustifiably dismissed after being deprived of the opportunity to provide feedback on their scores when compared with those of the successful employees.

If you are a director of a company that employs staff then you need to be aware of a new Court of Appeal decision.  It has some far-reaching consequences and may make you personally liable for actions (or inactions) of the company or organisation you stand behind.

Managing a sexual harassment complaint in your workplace is one of the most challenging employment matters you can deal with. In addition to the devastating personal impact sexual harassment can have on an individual, the process of dealing with a complaint can be treacherous.

Test your Knowledge to ensure you are on top of the latest COVID-19 updates.

Test your Knowledge to ensure you are on top of the latest COVID-19 updates.

Life as we Knew it:   COVID-19 Rules Update and Recommendations:  Our lives have once again changed to be the closest to a life before COVID-19. Exit the traffic light system and vaccination mandates. For businesses, it is again time to review your health and safety risks. 

To mark the passing of Her Majesty Queen Elizabeth II, the Government has announced a one-off national public holiday, to take place on Monday 26 September 2022. This means that normal Public Holiday requirements under the Holidays Act will apply.

An 18-year-old supermarket worker was dismissed for serious misconduct for dyeing her hair an unnatural colour and refusing to wear a hat. She raised a personal grievance for unjustified dismissal.

Test your knowledge on the requirements of Employment Agreements and some of those regular stumbling blocks such as what if the employee won’t sign.

Last year in particular, there were a lot of law changes and some case law decisions that have meant individual employment agreement (IEA) templates need updating. 

Do you really need to give them more time to consider?  Two recent decisions of the Employment Court may be indicating a turning of the times when it comes to requiring an employer to allow additional time or a cooling off period before considering an employee’s resignation.