Labour Day - Monday 28th October 2019
10 October 2019
Labour Day is fast approaching and this year falls on Monday 28th October (fourth Monday in October). Labour Day is always observed on the day it falls and is not subject to 'mondayisation', calculating employee entitlements for labour day should be simple and can be done with the click of a button in most payroll systems.
Measles epidemic – what employers need to know
19 September 2019
Measles is a highly contagious illness as we can see from current news reports about the spread of the disease. Your workplace may well already be impacted by this disease, either due to employees becoming ill, being absent to care for family members or possibly due to the nature of the business i.e. care of young children or others at risk.
Marlborough women awarded $28,600 after unjustified dismissal
6 August 2019
A Marlborough publican who emailed his bar manager for compensation for "time wasted" to deal with her bullying complaints must pay the woman close to $30,000.
Junction Hotel owner Mike Pink asked employee Dawn Langdon for $500 for dealing with her "tirade" of emails and personal meetings after she raised bullying concerns at the pub.
Top Four Hire Tips
1 August 2019
Clubs are seen as employers of choice, because of good wages and conditions, training and development of staff. So, all you need to do is pop an ad in your local paper and you'll be flooded with top-quality staff. Take your pick and we all live - and work - happily ever after!
Required Overtime...Is it allowed?
18 June 2019
In a recent case, Postal Workers Union of Aotearoa Inc v New Zealand Post Limited  NZEmpC 47, a full Court of the Employment Court tackled the issue of availability provisions in employment agreements and concluded that while the amendments to the Employment Relations Act 2000 ("ERA") that occurred in 2016 effectively outlawed "zero-hour" contracts, the impact of those changes have a broader application.
Personal Penalties for Breach of Employment Agreement
7 May 2019
A recent decision considers an often asked question and is the first to provide for personal penalties against an individual for breaches of good faith. The matter, Nicholson v. Ford was an appeal by Alan Nicholson against an Authority decision finding him personally liable for breaches of good faith against Matthew Ford. Allan Nicholson was the Director, Chief Executive and a Shareholder in a dental practice, Clinico, that employed Mr Ford as an accounts administrator. Mr Nicholson wished to restructure the company that employed Mr Ford. Mr Nicholson was responsible for the redundancy process that ultimately led to Mr Ford’s dismissal.
Domestic Violence, role of the employer
24 April 2019
Statistics tell us Police respond to a family violence incident every 5 minutes on average, and 76% of these incidents also go unreported.
As the Employer you now have a duty and role to play if any of your staff become victims of domestic violence, or are the primary care giver for victims of the same.
Now with a framework of employer paid support in workplaces it's likely that most businesses will experience the issue first hand at some point. Businesses need to be ready, managers need to know what to do.
Upcoming Employment Law Changes
14 March 2019
Rest and Meal Breaks
Following the Employment Relations Amendment Act 2018 from 6 May 2019 all employees will be entitled to the prescribed rest and meal break which, unless the parties agree otherwise, MUST BE TAKEN at the prescribed times. While it may be possible for an employer and employee to agree to change when the breaks happen, they cannot agree to a shorter break length.
Get prepared for Easter and ANZAC day - Trading Hours, Special Licences and Employee Entitlements
7 March 2019
Good Friday is kicking off the Easter and ANZAC Day public holidays for 2019 on Friday 19th April. With these holidays, there is always some confusion around the Sale and Supply of Alcohol Act 2012 and how it applies to trading hours for Club Licences. If you are going to be seeking a special licence over any of these holidays the cut off date is fast approaching, so now is the time to get those applications in.
Revisitation of Rest and Meal Breaks
22 February 2019
A series of amendments to the Employment Relations Act will take effect from 6 May 2019 including revision of Part 6D of the Act; Rest and Meal Break provisions. These new changes will effectively reverse amendments made by the previous government in March 2015 and reenact the original 2009 provisions. It is timely therefore to reflect on the law as it stood in March 2015 (before the changes) to determine what these new (old) changes will mean for us.
$9000 for 1 days' work
14 February 2019
An extraordinary decision from the Employment Relation Authorities (ERA) recently saw a cafe worker who did a days' trial awarded $9000.
If we were unsure before, this case removes any doubt: awards from the ERA are going up.
Wage Scale Not Compulsory - Insulting Behaviour Ok
30 January 2019
A recent article on Stuff titled “It’s legal to insult an employer in wage negotiations” examined a recent Employment Court decision Kaikorai Service Centre Limited v. First Union Inc. The article focussed on the employer’s unsuccessful objection, in a good faith setting, to the union’s use of a giant inflatable Rat (with the store owner’s name hung around its neck) during picketing action, and the use of insulting banners. However, the main thrust of the case, a successful challenge to allegations that the employer failed to bargain in good faith, was largely ignored in the article.