Lawful dismissal on medical grounds
8 August 2018
The Employment Court has confirmed the core principles to follow in situations where employers are seeking to end an employment relationship on medical grounds. In Lyttleton Port Company v Arthurs 2018, Mr Arthurs was an employee cargo handler of the company. He suffered PTSD as a result of witnessing a fatal workplace accident in 2008 and then having a friend and colleague become involved in a second fatal workplace accident in 2014. He took sick leave in December 2014 using a series of medical certificates, and during this time suffered a non-workplace shoulder injury. In July 2015, medical information from his doctor as well as a further medical specialist evaluation obtained by the company indicated no clear recovery time and the possibility that he might never recover. In December 2015 the company terminated his employment on the basis of medical incapacity and unlikelihood of a return to work in the foreseeable future.
Domestic Violence Bill could cost the Employer
5 July 2018
Green's Domestic Violence - Victim’s Protection Bill 2016 is coming up for a third Parliamentary reading.
The aim of this Bill is to amend the Domestic Violence Act 1995, Employment Relations Act 2000, Health and Safety at Work Act 2015, Holidays Act 2003, and Human Rights Act 1993 to enhance legal protections for victims of domestic violence.
Free online Employment Learning Modules for employers and employees
28 June 2018
Navigating the world of employment law can be a daunting prospect, but the Ministry of Businesses Employment Learning Modules may just help to straighten out a few of your questions. The free online learning modules are a valuable resource for both employees and employers to learn about your employment rights and obligations.
Unpaid meetings and Smiths City
28 June 2018
Commentary on the recent decision of the Employment Court (NZEmpC 43 EMPC 313/2016 ) involving Smiths City Group Limited and employees attending unpaid meetings has flooded the media and provided Unions with fertile soil on which to grow their memberships.
Constructive Dismissal: Know Where You Stand
7 June 2018
Sometimes employers find themselves with employees that just aren't right. You know the type, employees who don't fit the culture of the organisation, or they report made-up issues or gossip too much, or employees that are just not getting the work done properly.
Employment Court rules retail chain must pay for all hours worked
17 May 2018
You will have by now heard the news regarding Smith City and the Employment Courts ruling in relation to unpaid staff meetings. This is the hot topic in employment at the moment with reports that Unions and Employment New Zealand have received more than 1,500 complaints from workers since the ruling was released.
Time and Time Again
10 May 2018
Fred Flintstone yells "Yabba-dabba-doo!" as he runs out of work for the day, but not before having his stone timecard bitten by a dinosaur as a record of his hours. Maybe not much has changed about the end-of-work excitment, but we've come a long way with time and attendance records.
ANZAC Day 2018 - Trading and Employee Entitlements
12 April 2018
On Wednesday 25th April we will all rise to commemorate ANZAC Day. Below you will find an overview of trading hours under the Sale and Supply of Alcohol Act 2012 as well as information relating to employee entitlements.
Public Holiday Entitlements: Day in Lieu
5 April 2018
The Holidays Act 2003 provides that an employee is entitled to another days holiday (a day in lieu) if a public holiday falls on a day that would otherwise be a working day for the employee and the employee works on any part of that day.
90 Days Notice
21 March 2018
We have repeatedly looked at the issues that have arisen with 90 day trial periods. From the first significant decision; Smith v. Stokes Valley Pharmacy 2009) it was apparent that because trial periods ‘removed longstanding employee protections’ the Court would interpret the provisions of the Act strictly. A recent decision Ioan v. Scott Technology NZ Ltd t/a Rocklabs (February 2018) looked, from this standpoint, at the issue of the provision of notice in the trial period termination. S.67B states:
Reference checks: how to get great info
15 March 2018
There’s more to reference checking than ticking a box – these tips will help you get the best information about an applicant so you can be confident you’re making a good decision.
Easter Public Holidays - Employee Entitlements
14 March 2018
With Easter coming up at the end of March now is the time to get prepared. Easter Friday falls on Friday 30th March and Easter Monday is on Monday 2nd April. It is also important to remember that while not a public holiday Easter Sunday does have its own set of rules you must be familiar with.