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FYI Employment Law

The Employment Law Group's newsletter regularly covers all issues relating to employment law, industrial relations and health and safety issues. For example, the FYI may look at new or amended legislation, and recent judgments of interest.

Legislative Update
Jul 2008

The Government has recently introduced the following employment related Bills, covering meal and rest breaks, breastfeeding in the workplace, transfer of public holidays, and ACC:

  • The Employment Relations (Breaks and Infant Feeding) Amendment Bill;
  • Holidays (Transfer of Public Holidays) Amendment Bill;
  • The Injury Prevention, Rehabilitation, and Compensation (No 2) Bill.

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Drug & Alcohol Policies
Employment Court's Decision
in MUNZ v TLNZ

May 2008

In the recent case of Maritime Union of New Zealand and Ors v TLNZ Ltd and Anor (ARC34/07), the Court confirmed TLNZ's ability to introduce a drug and alcohol policy into its workplace.
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Failure to follow fair
process and remedies:
what if the employee
would have been
dismissed anyway?

Dec 2007

Since the introduction of section 103A of the Employment Relations Act, the Courts, in determining whether a dismissal (or other disciplinary action) is justified, have placed increasing emphasis on the process an employer follows.
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Stop Press: Kiwisaver
Nov 2007

Last week the Finance and Expenditure Committee reported back to Parliament on the Taxation (Annual Rates, Business Taxation, KiwiSaver and Remedial Matters) Bill 2007 (Bill). The Bill was introduced in May and was the subject of extensive submissions at the Select Committee stage.
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Stop Press: Flexible Working
Nov 2007

The Employment Relations (Flexible Working Arrangements) Amendment Bill was passed yesterday and is set to come into force on 1 July 2008. There are a number of amendments to the original Bill (as a result of submissions received at Select Committee stage) which brings it into line with existing legislation in the United Kingdom.
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Budget 2007 & KiwiSaver
A headache or a blessing
for employers?

May 2007

This summary focuses on the changes to the KiwiSaver scheme introduced by the 2007 budget. Roll out of the scheme on 1 July 2007 will occur as previously contemplated. For an introductory analysis of the KiwiSaver scheme in general, please read:
http://www.simpsongrierson.com/publications/fyis/fyi-employment-law/kiwisaver-what-employers-need-to-know.html

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X-rated conduct: Would
a fair and reasonable
employer dismiss?

Apr 2007

The Employment Court has recently issued an important decision about the test for justifying dismissals under section 103A of the Employment Relations Act. It specifically summarises and applies important principles from the Employment Court decision in Air New Zealand v Hudson (see our September 2006 FYI for more information on this decision).
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KiwiSaver: What Employers
Need To Know

Oct 2006

The KiwiSaver Act 2006 (Act) came into force on 6 September 2006. Employers need to familiarise themselves with the implications of the Act and ensure that proper processes are in place before the implementation date of 1 July 2007.
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Would or Could You Dismiss
an Employee?

Sep 2006

The Employment Court has now considered the new test for justifying dismissals set out in section 103A of the Employment Relations Act. As noted in a previous issue of FYI, due to an amendment to the ERA in December 2004, the Courts must now apply an objective test of whether a fair and reasonable employer "would " dismiss an e m p l o y e e i n t h e circumstances, as opposed to the old test of whether an employer "could" reach such a decision (namely whether the decision fell within one of the possible courses of action it could take).
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Recent Employment Law Update
Jun 2006

This issue covers Workplace Bullying; When is a Mediation Not Confidential?; Redeployment Obligations in Redundancy Situations and an Update On Legislation.
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Every Click You Take
Why Your Business Should Implement
an Information Technology Policy

May 2006

This article sets out why an organisation should implement an information technology policy and matters that should be addressed in such a policy.
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FYI Employment Law
(Archives)

A collection of archived articles for FYI Employment Law.
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