A collection of archived articles for FYI Employment Law.

KiwiSaver: What Employers Need To Know
October 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.

Would or Could You Dismiss an Employee?
September 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 employee in the 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
June 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 You Should Implement An Information Technology Policy
June 2006: This article sets out why an organisation should implement an information technology policy and matters that should be addressed in such a policy.

Increase in Annual Holidays
April 2006: Most employers are aware that the increase to employees' minimum annual holiday entitlement (from three weeks to four weeks) takes effect on 1 April 2007.  However, there is widespread confusion amongst employers as to how this increase will work in practice and what they need to concern themselves with in 2006.

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Disparity of Treatment
March 2006: From time to time, an employer wants to treat one employee differently to another employee who has engaged in similar conduct. In the case of The Department of Inland Revenue v Gillian Buchanan and Lynette Symes, the Court of Appeal confirms that employers do not always have to treat all such employees identically, provided that those employers are still acting in a fair and justifiable manner.

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Election Update: Employment Relations Policies of Key Parties
September 2005: With the election now imminent, one of the key issues facing employers is which direction different parties will take with their employment relations policies. The key changes proposed by each party are outlined below, along with a brief summary of the practical implications for employers as a result of the proposed changes.

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Update on Recent Cases
August 2005: Union Issues - Facilitation - In our last FYI, we briefly summarised a recent case involving Air NZ and the Service & Food Workers Union. This was the first case where parties sought assistance from the Employment Relations Authority to facilitate collective employment agreement negotiations.

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Employers warned to manage workplace stress
June 2005: For many people, stress is just part of working life, but New Zealand's health and safety laws make it clear that employers in New Zealand can't afford to ignore their responsibility to provide a safe working environment – one which is free from unreasonable stress.

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A Heads Up on Recent Legislation
March 2005: The Employment Relations Amendment Act (No. 2) 2004 was introduced on 1 December 2004, while many were busy with the Christmas rush.  As a result, some employers may not be aware of how their obligations towards employees have changed.  There are also some other employment statutes that were amended last year, and these changes have implications in 2005. Set out below is a reminder of the key changes.  We recommend all businesses ensure that they are compliant with these new legal requirements.

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Stop Press: Holidays Amendment Bill
September 2004: The Government this week introduced the Holidays Amendment Bill to correct "unintended consequences" contained in the Holidays Act 2003. The Government intends to enact this Bill under urgency, prior to the next public holiday on Labour Day.

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Fixed Term Employment Agreements
July 2004: The Court of Appeal has issued an important decision in relation to fixed term employment agreements under the Employment Relations Act. The decision of Norske Skog Tasman Ltd v Clarke reinforces the need to ensure the agreement is genuinely for a fixed term and that the reason for this is clearly conveyed to the employee.

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Drug and Alcohol Testing in the Worldplace: How far can Employers go?
April 2004: The Employment Court has recently held that Air New Zealand is able to introduce a comprehensive drug and alcohol testing policy. The policy was opposed by six unions covering a wide range of Air New Zealand's work areas.

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A Practical Guide to the Holidays Act 2003
March 2004:  The Holidays Act 2003 contains major changes to the way in which employees are entitled to annual and public holidays, as well as sick and bereavement leave.  A number of these changes require employers to amend their existing employment agreements, policies and leave and time records.

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The Employment Relations Law Reform Bill
December 2003: The Employment Relations Law Reform Bill - Another boost for Unions, Collective Bargaining and Judicial Intervention. The long awaited review of the Emloyment Relations Act 2000 was tabled in Parliament in the form or the Employment Relations Law Reform Bill.  It strongly promotes collective bargaining and the role of unions as well as granting Employment Relations Authority and Mediation Services much wider powers.

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The Holidays Bill - The Devil is in the Detail
November 2003:  On 24 November 2003, the Transport and Industrial relations Select Committee tabled its revised Holidays Bill in Parliament.  Most of the key measures contained in the first draft of the Bill have been retained, but buried in the detail are some further significant changes.

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Staying Away From Work on Doctor's Orders... and now EMPLOYER'S ORDERS
August 2003:  The media has been following with interest the employment law case involving Radio New Zealand and Lynne Snowdon, a senior manager at Radio New Zeland.  The recently released Employment Court ruling gives employers some guidance on whether they can delay an employee's return to work until they are satisfied he or she is fit to return.

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Consultation Before Suspension - A Surprising Requirement
July 2003: The Employment Relations Authority has recently found that employers need to consult with their employees prior to suspending them during a disciplinary investigation.

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Bill Aims to Protect Territorials Jobs
July 2003:  If you employ staff who have military or territorial background, you need to be aware of pending law changes. The Volunteers Employment Protection Bill, which was first introduced in August 2000, has been revitalised by a Supplementary Order Paper recently introduced by the Internal Affairs Minister, Mark Burton.

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Enforcing a Dress Code in the Workplace
July 2003:  To what extent can you require an employee to "pull their socks up"? Employers can often feel uncomfortable asking employees to improve their standard of dress.  However, the case law indicates that while there are certain risks in doing so, an employer will generally be entitled to implement and enforce a dress code in the workplace.

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Health and Safety Amendments Now in Force
June 2003:  The controversial Health and Safety in Employment Amendment Act 2002 entered into force on May 5 2003, amending the 1992 act most noticeable in the areas of; employee, participation, enforcement, coverage, general.

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Parental Leave Payments Come Under Review
June 2003:  On July 1 2002 the Parental Leave and Employment Protection Act was amended to provide for parental leave payments of up to NZ$325 gross per week for 12 weeks. The scheme is funded by the government rather than employers.

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Transfer of Undertakings Legislation Protects Employees
June 2003:  The government has signalled that it wishes to introduce legislation protecting employees and their terms and conditions of employment on the contracting out, sale or transfer of a business. New Zealand currently has no legislation specifically dealing with this issue. The minister of labour set up an advisory group for the purpose of reviewing possible future policy options. The group submitted reports in April and September 2001, but progress towards legislation has so far been slow.

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Legislative Update
May 2003: There have been some significant recent amendments to employment-related statutes in New Zealand, with changes in the area of Health and Safety and Parental leave, and the proposed introduction of Transfer of Undertakings legislation.

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Contractor in Film Industry
March 2003:  Simpson Grierson has been involved in an important case (Bryson v Three Foot Six Ltd) that looked at whether a crew member in the film industry (working on the Lord of the Rings trilogy) was an employee or a contractor.

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Health & Safety: Changes Proposed for 2003
October 2002:  The controversial Health & Safety in Employment Amendment Bill was last week reported back to the House by the Transport and Industrial Relations Select Committee.  Labour Minister Margaret Wilson has stated that the Bill, which has been amended in some areas to try to allay a number of concerns raised by employers, is "robust and prectical".

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Good Faith & Consultation
September 2002:  In the recent case of NZ Engineers Etc Union v Carter Holt Harvey Limited, the Employment Relations Authority considered the obligation of the employer to bargain and consult in good faith pursuant to Section 4 of the Employment Relations Act 2000.

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Paid Parental Leave
May 2002:  The new Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act and Regulations 2002 will come into force on 1 July 2002.  Employers will need to familiarise themselves with the changes as soon as possible to be able to properly respond to requests for parental leave.

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Changes to the Holidays Act
February 2002:  On 1 February of this year, the Minister of Labour, Margaret Wilson, announced that the Government will amend the current holidays legislation.  The amendments will be in keeping with recommendations from an advisory group that was established last year to explore options for changing the Holidays Act. Whether the amended Act will be significantly clearer and easier to apply than the current statute remains to be seen.  However, at this stage, employers should be aware that the Government is set on several significant changes to the Act that will have a substantial impact on many businesses.

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Redundancy Laws Revisited
January 2002:  The new year has opened with the Court of Appeal issuing an important decision on the law of redundancy under the Employment Relations Act.  The Court of Appeal heard the appeal of the Employment Court's controversial decision in Baguley v Coutts Cars Limited.

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Proposed Amendments to the Holidays Act
November 2001: On 5 November 2001, a joint union/employer advisory group provided a second report to the Minister of Labour, Hon Margaret Wilson, on possible future policy options for amending the Holidays Act. There was clearly a great deal of disagreement between the union and employer groups on some fundamental issues concerning holiday entitlements.

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Proposed Amendments to Health & Safety Laws
November 2001: On 31 October 2001, the Minister of Labour Margaret Wilson introduced the Health and safety in Employment Amendment Bill, which proposes some radical amendments to existing health and safety legislation.

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In the Matter of Short Skirts, Long Earrings and Zero Rewards
August 2001: In this issue, we look at the highly-publicised Rankin case, where the former chief executive of the Department of Work and Income sued the Crown for $1.2 million in the Employment Court. We also look at bullying in the workplace; whether a single mistake or a conflict of interest can cost someone his or her job; the key issues from recent advisory group reports; and we introduce Graham Duly, who recently joined our Employment Law Group.

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Are You Prepared for Pickets?
April 2001: The introduction of the Employment Relations Act hasn't changed the law in regard to the legality of picketing. The only difference is that, if a picket relates to a strike or a lock-out, the venue for seeking legal redress is the Employment Court rather than the High Court. Likewise, the options for dealing with picketing haven't changed either.

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Simpson Grierson's Employment and Industrial Law Group
July 2000: The members of Simpson Grierson's Employment and Industrial Law Group are some of the most experienced employment law specialists in New Zealand.

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The Political Parties & Industrial Relations
November 1999: In the lead-up to the general election, this issue briefly summarises the employment policies of New Zealand's main policital parties.

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Staying Silent and Staying in the Job
September 1999: In this issue, we look at balancing the accused's right to silence in a criminal enquiry against the employer's right to carry out a disciplinary investigation. We also look at employment issues affected by the millennium and the use of dispute resolution clauses in employment contracts.

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An Age-Old Problem?
January 1999: In this issue we look at an important amendment to the Human Rights Act, which comes into force on 1 February 1999. The effect of the change is that employers will no longer be able to require employees to retire on the grounds of age. This undoubtedly will have a major impact in future years on the way employers manage their ageing workforce.

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Minimal Changes to Employment Law
September 1998: In this issue, we look at changes to the Employment Contracts Act and the Holidays Act, technical redundancies, sexual harassment and OOS complaints.

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Managing OOS Claims
May 1998: In this issue we look at how to manage OOS claims, and we outline the skills and services our Employment and Industrial Law team provide.

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The Holidays Act
November 1997: Simpson Grierson's employment law team looks at the rights, entitlements and obligations of employers and employees in respect of annual and statutory leave.

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E-Mail Policy Imperative
September 1997: Simpson Grierson's employment law team examines some of the latest issues facing employers and employees - from e-mail policy to holiday pay.

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Balancing Act - Accommodating Employee Needs
July 1997: Simpson Grierson's employment law team examines some of the latest issues facing employers and employees - do these issues affect you?

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