FYI:
Employment Law – "Would" v "Could" - Employment Court confirms that more than just one letter has changed
07 Dec 2011
The Full Court of the Employment Court has just released its preliminary decision in the cases of Angus v Ports of Auckland and McKean v Ports of Auckland...
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FYI:
Employment Law
The Full Court of the Employment Court has just released its preliminary decision in the cases of Angus v Ports of Auckland and McKean v Ports of Auckland. This decision confirms that Parliament did indeed alter the test for justification of dismissals and other actions taken by employers when section 103A of the Employment Relations Act was amended on 1 April this year...
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FYI:
Employment Law – The Future of Employment Relations - The Next Three Years
01 Dec 2011
Employment relations emerged as an important political battleground this election in light of the giant gap between the two main parties, with National wanting to give greater flexibility to businesses and Labour wanting to strengthen collective bargaining for workers...
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FYI:
Employment Law – Casual Employees: Not Casual Enough?
16 Nov 2011
Are your casual employees truly casual? Or is the nature of their employment something more permanent?...
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FYI:
Employment Law – "Could" You Dismiss
07 Nov 2011
The recent Employment Relations Authority determination of Sigglekow v Waikato District Health Board considered the new test for justifying dismissals (and other actions) by an employer...
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FYI:
Employment Law – Sleepover Dispute Put to Bed
18 Oct 2011
Last month a settlement was reached in the four year dispute between Idea Services and the Service and Food Workers Union in what has become known as the "sleepovers case"...
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FYI:
Employment Law – Rugby World Cup Fever
02 Aug 2011
In this FYI we summarise, in a light-hearted way, some employment law issues that could be relevant leading up to what will hopefully be New Zealand’s anticipated return to the rugby glory of 1987...
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FYI:
Employment Law – Employment Agreements - Are You Ready for 1 July 2011?
23 Jun 2011
As part of the recent suite of amendments to the Employment Relations Act 2000, from 1 July 2011 employers must keep a signed copy of the employment agreement or the current terms and conditions of employment...
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FYI:
Employment Law – Employers to Disclose “Everything but Kitchen Sink” in Restructurings
30 May 2011
In a decision that has sparked privacy concerns for employers across the country, the Employment Court has ordered Massey University to provide its employees with all of the information from a selection process for redundancy, including information in the minds of the selection panel...
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FYI:
Employment Law – KiwiSaver Version 5 - the Only Constant is Change
23 May 2011
Last week's Budget confirmed the Government's forewarning that changes would be made to KiwiSaver, the fifth variation to the scheme since its inception...
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Law Guides:
The International Comparative Legal Guide – Employment and Labour Law 2011 - 1st Edition
28 Apr 2011
Simpson Grierson is the New Zealand contributor to The International Comparative Legal Guide to: Employment and labour Law 2011 – 1st Edition...
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FYI:
Employment Law – A Recent Case Calls into Question an Employer’s Right to Set its Workplace Standards
19 Apr 2011
The Employment Court’s recent decision in C v Air Nelson casts real doubt over the extent to which the Court will truly allow an employer to reach its own decision about the behaviour that it considers acceptable in its workplace...
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FYI:
Employment Law
The Employment Court’s recent decision in C v Air Nelson casts real doubt over the extent to which the Court will truly allow an employer to reach its own decision about the behaviour that it considers acceptable in its workplace. In this case, the Court was highly critical of all of Air Nelson’s serious misconduct findings, despite acknowledging that they were made after a thorough investigation...
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FYI:
Employment Law – National Action Agenda Released
06 Apr 2011
The Action Agenda aims to reduce injuries and fatalities at work and deliver healthy and productive workplaces for all New Zealanders by focussing on the five sectors where the most harm is consistently occurring: construction, agriculture, manufacturing, forestry and fishing...
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FYI:
Employment Law – Employer Obligations in the Event of a Natural Disaster
24 Mar 2011
The recent earthquake in the Canterbury region has had devastating consequences. The scale of the loss of life and damage is immense and
our thoughts are with local residents and businesses as they deal with the aftermath...
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FYI:
Employment Law – Strike-Breaking and Lockouts - An Industrial Law Update
21 Mar 2011
The Court of Appeal has recently ruled on the difficult question of whether an employer can employ or engage replacement labour ("strike-breakers") when its employees are on strike...
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FYI:
Employment Law – Employment Law Reforms Come Into Force On 1 April 2011: Have You Reviewed Your Employment Agreements and Policies
11 Mar 2011
Now that the Employment Relations Amendment Bill (No 2) and Holidays Amendment Bill have passed into law, employers are taking the opportunity to review their employment agreements and policies to ensure they are up-todate. Most of the changes to the law will be effective from 1 April 2011...
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FYI:
Employment Law – Update: Amendments to Employment and Holiday Laws Have Been Passed
25 Nov 2010
The Employment Relations Amendment Bill (No 2) 2010 and Holidays Amendment Bill 2010 were passed after their third and final reading in Parliament on 23 November 2010...
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FYI:
Employment Law – Update on New Employment Laws
11 Nov 2010
The Transport and Industrial Relations Select Committee has released its reports on the proposed amendments to the Employment Relations Act and Holidays Act. By and large, the initial changes to both Bills have been approved, but some further changes have been recommended.
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Feature Article:
Employment – Pay Back Time
25 Oct 2010
Employees are a critical part of any business' success. Most companies are now aware of the importance of the recruitment process, and take considerable care in selecting employees...
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FYI:
Employment Law – Immigration Act Changes
20 Oct 2010
The new Immigration Act 2009 is due to come into force on 29 November 2010, and will introduce tougher obligations on employers...
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Feature Article:
Employment – Bullying in the Workplace
18 Oct 2010
A recent study on stress and bullying in New Zealand workplaces has suggested that nearly one in five workers have suffered from some form of workplace bullying...
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FYI:
Employment Law – Legislation Update
08 Oct 2010
The Transport and Industrial Relations Select Committee has recently recommended that two new bills be passed into law...
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FYI:
Employment Law – An Update on Calderbank Offers and Costs
06 Oct 2010
In this FYI, we discuss some recent cases which provide useful guidance to employers when seeking to maximise the benefit of using a Calderbank letter during settlement negotiations or legal proceedings...
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FYI:
Employment Law – First Employment Court Decision on 90 Day Trial Period
01 Sep 2010
As many of you will be aware, the Government has recently introduced some proposed amendments to the Employment Relations Act 2000. One proposal that has generated significant opposition and media comment from union groups is the extension of the "90 day trial period" to all employers...
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FYI:
Employment Law – Dismissals Case Law Update
26 Aug 2010
The Employment Court recently delivered a significant decision in Secretary for Justice v Dodd. In that case, the Court found that the dismissal of an employee for admitted serious misconduct was unjustified and upheld her reinstatement...
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FYI:
Employment Law – Government's Proposed New Employment Laws
25 Jul 2010
The Government has announced a number of proposed changes to the Employment Relations Act and Holidays Act. Although the changes may positively impact on employers in a number of ways, for the most part they are not as drastic as some commentators are claiming...
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FYI:
Employment Law
The Government has announced a number of proposed changes to the Employment Relations Act and Holidays Act. Although the changes may positively impact on employers in a number of ways, for the most part they are not as drastic as some commentators are claiming. In the main, they are consistent with National’s pre-election promises...
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FYI:
Employment Law – Supreme Court finds for employer on anti-strike breaking provisions of ERA
30 May 2010
Is your business currently bargaining for a collective agreement? Would a strike cause significant damage or disruption? Who would perform the work if your employees went on strike?
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FYI:
Employment Law – Costly Sleepovers
27 Nov 2009
Employers who engage staff to "sleepover" on the job, could be facing substantial claims for additional wages (and wage arrears), in the wake of a recent Employment Court decision...
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FYI:
Employment Law – Legislation Update
25 Nov 2009
The new Employment Relations (Rest and Meal Breaks) Amendment Bill, introduced by Minister of Labour Kate Wilkinson in late October 2009, plans to make significant changes to the existing Rest and Meal Breaks regime...
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FYI:
Employment Law – Case Summaries
08 Sep 2009
There have been two recent cases from the Employment Court which provide useful guidance to employers...
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FYI:
Employment Law – Legislation Update
08 Sep 2009
This article aims to clarify some of the confusion around new legislation changes to Employment Law, which will come into effect in September 09...
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FYI:
Employment Law – Proposed Statutory Minimum Redundancy Entitlements
12 Aug 2009
Somewhat unexpectedly, the Employment Relations (Minimum Redundancy Entitlements) Amendment Bill has been drawn from the ballot and is currently on the Order Paper awaiting its first reading...
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FYI:
Employment Law – Full Court Reviews Section 103A
08 Jun 2009
The full Employment Court (comprising of all four Judges) has just issued its decision in the case of Air New Zealand Ltd v V, to determine an issue which "lies at the heart of the large majority of personal grievances"...
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FYI:
Employment Law – Swine Flu: Do Employers Need a Plan?
04 May 2009
In the face of reports that a global pandemic is imminent, the Director-General of the World Health Organisation has advised countries to immediately activate their pandemic preparedness plans...
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FYI:
Employment Law – The Return of "Smoko" and Other Breaks
30 Mar 2009
Employers need to be prepared for amendments to the Employment Relations Act that come into force on 1 April 2009...
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FYI:
Employment Law – Update on Recent Employment Law Cases
09 Feb 2009
REMINDER: Trial Periods – Are You a Small or Medium Sized Employer?...
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FYI:
Employment Law – Protecting Your Business When Senior Employees Leave
20 Jan 2009
In the electronic age it has become easier for an employee to "walk out the door" with confidential information. They no longer have to photocopy files and carry them out in a cardboard box...
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FYI:
Employment Law – Employment law changes passed under urgency
19 Dec 2008
Changes to KiwiSaver and the Employment Relations Act 2000 were passed under urgency last week as part of the Government's first 100 days package...
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FYI:
Employment Law – Treatment of Historic Warnings
09 Oct 2008
With more and more Employment Court judgments being issued concerning the actions of employers in dismissing employees, we thought it timely to circulate an update about a couple of these decisions...
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FYI:
Employment Law – Legislative Updates
02 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...
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FYI:
Employment Law – Drug & Alcohol Policies - Employment Court's Decision in MUNZ v TLNZ
19 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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FYI:
Employment Law – Avoiding the Pitfalls When Dismissing or Disciplining Staff
01 May 2008
Ensuring a dismissal or disciplinary action against one of your employees can withstand the scrutiny of a challenge has become increasingly more difficult in recent years...
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