Recent developments in employment law means now is a good time for employers to review employment agreements and ensure they are up to date and inclusive of the recent changes. We have outlined these changes in further detail below. Sick leave From 24 July 2021, after 6 months’ continuous employment, employees will be entitled to …
2026 Update The Employment Leave Act 2026 received Royal Assent on 6 August 2026, see our update here: Employment Leave Act 2026: What employers need to know ________ 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 …
Anticipated changes to the Holidays Act: what employers and employees can expect Read More »
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 …
Are the benefits worth the costs in the Employment Relations Authority? Read More »
COVID-19 has placed unprecedented stress upon businesses and employers across New Zealand. While some are struggling to fill roles, others are discovering that they need to restructure to reduce costs, or operate more efficiently. Businesses are able to change their structuring as is commercially necessary. In doing so they need to ensure that their restructure …
After more than two years of Covid-19 lockdowns, alert level changes and the traffic light system, for many workplaces the mindset of 9-5 Monday to Friday at the workplace is shifting. Additionally, with borders re-opening and Kiwis heading off overseas, employers are having to work harder to retain and recruit skilled employees. The above has …
The Fair Pay Agreements Bill (Bill) was introduced to Parliament on 29 March 2022. The Bill proposes a statutory framework for collective bargaining for Fair Pay Agreements (FPA) that would provide for a mandatory, sector-wide collective bargaining regime. FPAs would also supplement collective bargaining between unions and employees, as well as bargaining for individual terms …
The recent Supreme Court decision in Tourism Holdings Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [2021] NZSC 157 (“Tourism Holdings”) held that commissions can form part of an employee’s ordinary weekly pay for the purposes of calculating holiday pay if they are made substantively regularly and temporally regularly. Holidays …
Supreme Court decision on commission payments and holiday pay Read More »
In a recent decision, the Court of Appeal confirmed that payments under discretionary incentive bonus schemes do not fall within the definition of gross earnings under the Holidays Act 2003 (“the Act”). Holidays Act 2003 When calculating payment for holidays under the Act, employers must take into account “gross earnings” as defined in section 14(a) …
Holiday pay decision on discretionary incentive bonus schemes overturned Read More »
The Government has announced a significant expansion of the mandatory employee Covid-19 vaccination requirement, saying that vaccination is “critical to preventing the spread of COVID-19”. Based on the announcement, by the beginning of 2022, many health sector workers, and most early childhood, primary, and secondary education sector workers, will be required to have received two …
Vaccination mandate expanded to health and education sectors Read More »
An earlier version of this article was published on 23 August 2021. This revised version was published on 7 September 2021 to reflect the mandatory record keeping rules now being in force, and to include information published by the government after 23 August 2021. New Zealand is famous world wide for its Covid stopping Lockdowns. …
