Employment Law

Change is coming – what does this mean for your business?

On Monday 11 December 2023, the new three-party Coalition Government confirmed that the Fair Pay Agreements Act 2022 would be repealed, and that the use of 90 day trial provisions will be extended beyond small businesses. It is the Government’s intention that these changes will be implemented through a Member’s Bill which will be passed …

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Summertime Hours – the on-trend alternative to a pay rise

Given the current economic conditions facing employers in New Zealand, it is predicted that pay rises for employees will be at far lower levels than those seen during the past two years. However, employees are also aware of the relatively tight labour market and are themselves facing increased living costs, which may mean they are …

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Six ex-Gloriavale women declared employees by Employment Court

Chief Judge Inglis of the Employment Court has delivered her anticipated decision declaring six Gloriavale women as employees for their time at the remote Westland Christian community. Facts Serenity Pilgrim, Pearl Valor, Rose Standtrue, Virginia Courage, Anna Courage, and Crystal Loyal referred to as the “Gloriavale Six” by the media, were all born into Gloriavale …

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Extended timeframe for raising sexual harassment claims

Amendments to the Employment Relations Act 2000 means that from 13 June 2023, employees will have 12 months to raise a personal grievance related to sexual harassment. Employers should be aware of changes that will be required for all new employment agreements. The new law extends the timeframe for employees to raise a personal grievance …

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Fair Pay Agreements Act 2022

The Fair Pay Agreements Act 2022 came into effect on 1 December 2022. The Act creates a statutory framework for collective bargaining for Fair Pay Agreements (FPA) that provides for a mandatory, sector-wide collective bargaining regime. FPAs will also supplement collective bargaining between unions and employees, as well as bargaining for individual terms and conditions. …

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Uber drivers succeed in being declared employees in the Employment Court

Last week the Employment Court released its decision in which it has found in favour of four Uber drivers, ruling that they are deemed to be employees rather than independent contractors. This is in contrast to an earlier decision of the Employment Court in 2020 which held an Uber driver was not an employee. Employment …

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An employee focused approach in a recent case involving dress codes

The Employment Relations Authority has recently found that an employer unjustifiably dismissed an employee after they refused to cover their newly dyed blue hair. Background The Employment Relations Authority (ERA) has ordered an employer to pay their former employee nearly $10,000 after she was summarily dismissed without notice for divisive behaviour and refusal to comply …

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Anticipated changes to the Holidays Act– what Employers and Employees can expect

The report of the Holidays Act Taskforce, focussing on problems with the Holidays Act 2003 (“the Act”), was released to the Government in late 2019. The Government has since announced it has accepted all of the Holidays Act Taskforce’s recommendations. Employers and employees can expect legislation reflecting these changes to be introduced prior to the …

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Are the benefits worth the costs in the Employment Relations Authority?

Good employment relationships are central to a business’s success. However, sometimes these relationships break down. When this happens, the parties may be able to resolve the problem between themselves or at mediation. Where a matter cannot be resolved informally, or urgent relief is required, either party may refer the matter to the Employment Relations Authority …

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