News / Media
Can a worker refuse to work if their employer is not following Covid-19 guidelines?
The Covid-19 Delta variant continues to circulate in the community and most of us are feeling the stress and anxiety which comes with this. Many essential workers in Auckland will feel like they face ...
Read MoreIndependent contractor or employee?
There have recently been some interesting and potentially far-reaching Employment Court cases on the question of whether a worker is an independent contractor or an employee.
Section 6 of the Employm...
Read MorePay gaps and pay equity: What an inquiry needs to consider
On the eve of the alert level 4 lockdown, the Cabinet decided to set aside funding for a new pay equity agreement with nurses. Any negotiated agreement will follow on the heels of agreements which hav...
Read MoreHelp me help you – encouraging staff to speak up
MediaWorks over the past few weeks has had the spotlight focused on its workplace culture. In the interests of transparency, it proactively released an Independent Review into Workplace Culture which ...
Read MoreA dismissal at a youth residence centre highlights how not to address employer practices
A Ministry of Social Development employee was dismissed after staging a “sit in” in her manager’s office.
The employee was employed at MSD’s Youth Justice Residence Centre in Palmerston North, as a r...
Read MoreBe careful when working with those closest to you
Small and medium business run much of New Zealand, with an overwhelming number of businesses falling within that category. It is also not uncommon for husbands and wives, or romantic partners to run a...
Read MoreCan you be sacked for speaking out? Well, it depends on the circumstances
Most people will only have heard of Lee Williams and his right-wing views following a highly public and widely reported confrontation with the ACT party leader David Seymour. This took place at an ACT...
Read MoreKeeping you up to date – what you need to know
In our March newsletter we analysed the Final Report of the Holidays Act Taskforce after it was released by the Minister for Workplace Relations. All the recommendations have been accepted by the Gove...
Read MoreWhat do the courts say on transgender rights?
Transgender members of our community are becoming more assertive as they gather confidence, respect and support. In the sporting arena we have the case of Laurel Hubbard being selected for t...
Read MoreTruckie sacked for sharing Stuff story with workmates
What can and can’t be said can be a source of friction in many workplaces, especially when it concerns workers’ rights.
Employees want to be able to speak frankly about the issues affecting them in t...
Read MoreA Contract to Build?
The Chief Employment Court Judge recently commented that while a particular model of working may be commonplace within a particular industry, it does not follow that the commonly adopted model reflect...
Read MoreMedical Incapacity - a last resort
This case demonstrates the need for a fair process and reasonableness when it comes to terminating employment on the grounds of medical incapacity.
Employers have a duty to protect the we...
Read MorePlan for redundant workers to get income support at last
The Government in its Budget 2021 has signalled changes which will affect the entire employment landscape in New Zealand.
The government has announced it is jointly designing a Social Unemployme...
Read MoreRe-instatement – does it have teeth as a remedy
Since 2018, re-instatement has once again been the primary remedy that the Employment Relations Authority may award. In practice, permanent re-instatement is not a common remedy – either because it is...
Read MoreThe question of liability in cyber attacks
Last week we were told the Waikato District Health Board was thrown into chaos because of a cyber-attack on its IT systems. The attacker demanded the payment of a ransom.
Phone lines were crashed and...
Read MoreEmployers need to be wary of the dangers of employee burnout
I wrote in December last year about the dangers of burnout and statistics that were coming out of the United States. A recently released Auckland University of Technology study of 1000 people fol...
Read MoreThe human cost of centralising our health system
There is to be a radical change in the way health services are delivered in New Zealand.
All 20 district health boards in New Zealand are to be abolished and replaced by a single national organisatio...
Read MoreMoved on – what does it mean?
Mandating vaccinations at the best of times is a vexed issue. It is even more so in the environment of a global pandemic where millions of people to date have died of COVID-19. With the development of...
Read MoreEven doctors suffer from unhealthy work environments
Some of the most sought-after professions can be the most demanding for young people to train in. The medical profession is no exception and current policies within the profession highlight the pitfal...
Read MoreHere's why businesses shouldn't rush to conclusions in employment investigations
A recent employment case in Australia demonstrates the importance of taking care with employment investigations and not rushing to conclusions.
Gregory Sherry sued Toyota Australia in the District Co...
Read MoreDoes the law do enough to protect women and minorities?
International Women’s Day was celebrated throughout the world on March 8.
One day before, one of the better-known women in the Western World, Meghan Markle, complained about discrimination she faces ...
Read MoreHolidays Act changes – a chance lost!
The Minister for Workplace Relations released the Final Report of the Holidays Act Taskforce and announced that all of the recommendations in the Report had been accepted by the Government.
The Taskf...
Read MoreThe traps hidden within trial periods
Many workers will have commenced their current job on a 90-day trial period. Most small-to-medium employers rely on a trial period when taking on new staff.
A great deal of care needs to be taken. Tr...
Read MoreTrump acquitted but his divisive approach continues to play out in workplaces
The collateral damage from former United States president Donald Trump’s second impeachment trial and acquittal will continue for some time as news reports from the US make clear.
The div...
Read MoreMinimum wage - do you need to work?
Auckland is currently in another Level 3 lockdown. Hopefully this will be confined to the three days currently specified. The extent of the situation in New Plymouth is unclear, but currently the rest...
Read MoreShould Uber drivers be considered employees?
Since its inception, Uber has disrupted the old taxi-based passenger distribution system. Across the economy there have been similar disruptions of established ways to do things.
We have all ha...
Read MoreThe US Capitol Siege has showed the importance of employee fidelity
United States President Donald Trump is exiting office in disgrace in the wake of the shocking scenes at the Capitol building following his call to supporters to get tough and demonstrate. The conduct...
Read MoreEmployers' obligations when the coronavirus vaccines arrive
We have been learning daily about the development of successful vaccines to prevent coronavirus.
What are the obligations of employers when the vaccine arrives?
The United States, Australia, as well...
Read MoreWhat a year!
What a year it has been! Employers and employees have been taken into new territory. While it is generally considered that New Zealand has had an excellent health response to Covid-19, businesses have...
Read MoreCovid-19: Avoid the 'invisible burnout' that can occur working from home
Empty office space in Wellington buildings suggests that many workers are still working from home, and to a lesser extent that some will have lost their jobs.
What are the additional health risk...
Read MoreDismissal over Hitler meme ruled unfair
Industrial negotiations in Australia seem to be tough, rough and lengthy. Perhaps they give us a taste of things to come in New Zealand over the next two or three years.
Unions will want to make th...
Read MoreVolunteer – or not?
The recent controversy surrounding the isolated Christian community of Gloriavale has sparked a number of investigations regarding concerns of exploitation, unsafe working practices and oppression. It...
Read MoreHow not to handle a bullying complaint
Most people will have been either accused of being a bully, have been bullied or almost certainly know people who have struggled with bullying situations. It is an area that New Zealand is still grapp...
Read More'Just a sniffle' won't fly at the workplace in the age of Covid-19
Everyone will be familiar with the denial that you are developing a cold. Maybe your nose is just a little runny, or there is a slight tickle in your throat. We can convince ourselves that maybe if we...
Read MorePrivacy Act Update
Requests for personal information covered by the Privacy Act are commonplace in employment disputes.
The updated Privacy Act is coming into force on 1 December 2020. Now is the time to consider the c...
Read MoreShould we be allowed to express our political views at work?
Readers may have watched the extraordinary spectacle of the Trump-Biden debate and the more civilised and issues-focused debates between Jacinda Ardern and Judith Collins.
United States President Don...
Read MoreDismissed after snoring: A reminder casual employees deserve respect
Like all relationships, entering into an employment relationship can be messy and expensive. Tempers can flare, parties can say things they may not mean, and in a short space of time, it can all be ov...
Read MoreCompanies in crisis - how to size up a personal grievance
We remain in uncertain times. The end of the wage subsidy is looming, and the ever-present concern of a Covid-19 flareup continues to hang over many employers’ heads.
In these circumstances we...
Read MoreCoronavirus: The cost of lying about getting sick with Covid-19
Pulling a sickie isn’t a new phenomenon. But it can create a whole host of additional issues in a post Covid-19 world.
In the midst of New Zealand’s “second wave” of Covid-19, the media recently repo...
Read MoreGaping holes at our border: Why are border workers not being tested?
New Zealand reacted hard and fast by locking its population down when Covid-19 emerged in this country. Prime Minister Jacinda Ardern has proved to be an empathetic leader who provided people with rea...
Read MoreReferendum could pose high risks for workplaces
In less than two months, New Zealanders will vote in a referendum to decide if recreational cannabis should be legal.
...
Read MoreWorkplace romances are common, so why did one cost Iain Lees-Galloway his job?
The general election is now only weeks away. This year we have seen probably more instability than usual with a number of MPs leaving Parliament. At the same time many personal accusations have been m...
Read MoreCan your employer control what you do on your phone?
How many times do you interact with your smartphone every day? If you are typical it is likely your estimate will be far less than the reality. Check it out for a day or even an hour. Today's smartpho...
Read MoreWhat to do when employees spill trade secrets
We are living in difficult economic times. Many of us are benefiting from the Government's wage subsidy and support packages but these will not last forever. By the end of the year subsidies may be li...
Read MoreThe limits of the law on workplace deaths
There has been a lot of media coverage recently regarding tragic workplace fatalities in New Zealand. This year alone WorkSafe reported 25 work-related deaths. In the wake of these deaths there have b...
Read MoreTo improve society, start by looking at the world through a minority group's eyes
The way we experience our country depends in large part on our background and our identity. The opportunities afforded to us, and the rewards we receive, vary accordingly. The way the world appea...
Read MoreWorking from home - is your boss watching you?
For many the working arrangements put in place during the higher Covid-19 alert levels may have prompted longer term changes to how they work.
...
Read MoreMid-Year Case Round Up
We are approaching the mid-point of 2020. While a lot has happened over the last few months, and much has changed, the Employment Relations Authority and Employment Court has continued to function and...
Read MoreCoronavirus: The rule of law is key at times of crisis
Community support for law is strongest when the laws are enacted following an accepted process and when they apply equally to everybody.
...
Read MoreWhen is a contractor actually an employee?
The looming economic recession triggered by the coronavirus pandemic is going to lead to significant unemployment.
...
Read MoreContinuing to work from home in Level 2 and beyond
Over the last six weeks, more New Zealanders than ever have been working from home in a cultural shift that has been seen all over the world. Time Magazine called the COVID-19 outbreak "the ...
Read MoreCoronavirus prevention is not a free pass to breach employment rights
We have all endured the boredom of lockdown and are pushing through the slightly less restricted level three.
...
Read MoreCan flouting lockdown cost you your job?
For most people living in New Zealand, and perhaps the world, the last couple of months have changed lives in ways that would have been inconceivable only a short time ago.
...
Read MoreWorking on Christmas Day
Many New Zealanders will be waking up of Christmas morning with plans to spend time with family, friends or just enjoying the New Zealand summer. Others will be getting ready for work in roles where t...
Read MoreIt's hard to play by the rules if you don't know about them
It is a general expectation of the employment relationship that an employee follows the rules set by their employer. Typically, failure to follow such rules can amount to misconduct or serious miscond...
Read MoreHealth and safety revs up
A recent WorkSafe prosecution demonstrated the extent of the health and safety obligations in respect of company vehicles.
...
Read MoreHealth and safety obligations have reached new heights
Recent years have seen a significant increase in the health and safety obligations of employers.
...
Read MoreReinstatement is now a primary remedy
The passing of the Employment Relations Amendment Act 2018 ushered in a range of employment law changes. The change with perhaps the lowest profile was the re-establishment of reinstatement as a prima...
Read MoreDomestic Violence Law comes into effect
On Monday 1 April 2019, the Domestic Violence - Victim Protection Act 2018 came into effect. The Act provides legal protections in the workplace for people affected by domestic violence.
...
Read MoreHoliday Pay
Over the last couple of years, organisations' reliance on Payroll systems has left them with widespread underpayment of their employees and significant legal claims.
...
Read MoreTrial Periods
Trial periods and the ability for employers to dismiss employees 'at will' have been discussed by politicians and the media often in recent years. Trial periods are a tool that allows employees to dem...
Read MoreWorking from home? Don't forget health and safety
Who is responsible for the health and safety of staff working from home? This is a question many businesses may not have turned their minds to. As working arrangements become more varied and flexible ...
Read MoreEmployment law to change in 2019
The Employment Relations Amendment Bill passed its third reading on 5 December, meaning changes to employment law are coming. Some amendments will come into force as soon as the Governor-General gives...
Read More'Taking care of business’ or ‘money for free’?
In recent months the Employment Court has decided several cases on what it means to be ‘working’. The court’s decisions may surprise many employers’ and challenge understandings of when employees are ...
Read MoreHigh compensation awards worrying for employers
Unprecedentedly high compensation awards have been made in the employment jurisdiction in recent months. Not only are greater amounts are being awarded, an entirely new approach of awarding compensati...
Read MoreHoliday Pay Entitlements: get it wrong and you may pay twice
It is important for employees to have the opportunity for rest and recreation and it’s important to employers that they don’t have to pay for that rest twice! Employers have the responsibility to ensu...
Read MoreEmployment Relations Changes
Labour’s election campaign featured numerous promises to tilt employment standards back in favour of employees. The Labour government introduced has now a Bill to amend the Employment Relations Act an...
Read MoreChristmas in the workplace
We are now in the lead up to Christmas, an important day for all to spend time with loved ones and celebrate the passing of another year. In 2017 Christmas will touch readers in different ways. The hi...
Read MoreElection Policies - Employment Matters
September 23 has been circled on calendars for months, and now the 2017 General Election is just days away. Political parties have released their policies and the election frenzy is ever-intensifying....
Read MoreLPGA introduces strict dress code for golfers. Could your boss do the same?
The Ladies Professional Golf Association (LPGA) has issued a new set of rules for on-course apparel which have received considerable backlash from golfers and fans alike. The new rules forbid female g...
Read MoreInvestigations: robust not perfect
When allegations such as sexual harassment, bullying, or theft are made against an employee the employer must investigate the allegations before finding misconduct. There is a common misconcep...
Read MoreMinimum Employment Standards
2016 saw legislative changes introduced to give greater protection to important minimum employment standards. The change of approach from a ‘slap on the wrist’ to hefty penalties is evident through th...
Read MoreEmployee checks are key – but are your methods legal?
The number of fraud stories being reported by the media at present must have employers wondering how they can prevent this happening to them. One of the best methods of doing so it to undertake thorou...
Read More2016 Employment Law Round Up
2016 has been an eventful year and now it’s all but gone. To help you stay on top of developments and prepare you for a successful 2017 we’ve identified the most notable changes in employment law that...
Read MoreWhen workplace conduct crosses the line...
Inappropriate behaviour in the workplace is an inherently sensitive subject and has the ability to profoundly affect a business’ reputation. As such it is important for employers to know how to deal w...
Read MoreSensitive Employees
Nearly all employers must deal with sensitive employees at one time or another and it is important that they know how to approach such situations.
...
Read MoreHonesty: Always the best policy
The story of a nurse who lied in order to gain employment in a major New Zealand hospital has come to light in recent months. Her application was riddled with lies including false referees, claiming s...
Read MorePeter Jackson resigns as Weta Workshop director - Health and Safety to blame
New Health and Safety legislation has prompted Sir Peter Jackson to resign as a director of Weta Workshop. The design studio founded in 1987 and made famous by the Lord of the Rings trilogy has won fi...
Read MoreFired for Being Too Fat
The summer months at the start of the year are invariably when each of us thinks about getting fit and losing weight. We make resolutions, we dream, we plan. Some even follow through by pounding the p...
Read MoreBreaching your duty of fidelity can have expensive consequences
An Auckland man has been ordered to pay his former employer $7 million in damages - $1 million annually for a 7 year period. What could justify such a severe penalty being imposed on a single person? ...
Read MoreBond goes bad: when bad-mouthing your job goes too far
Daniel Craig has raised eyebrows and made headlines with his comments about his latest film, ‘Spectre’, and his time with the ‘James Bond’ franchise.
...
Read MoreEmployees given more scope to challenge redundancies
A recent determination by the Employment Relations Authority has widened the avenues for which an employee may challenge a redundancy.
...
Read MoreDon’t act with abandon towards absent employees
We all have those mornings. The rain is bucketing down outside, it’s warm and cosy inside, and the motivation to go to work is utterly absent.
...
Read MoreEmployees not to blame… Yeah Right
Having just passed the middle of the year, there is opportunity for workplaces to organise “mid-winter Christmases” or similar events to celebrate workers surviving the trials and tribulations of six ...
Read MoreA Brave New World: Modern social media and employment relationships
In a world where social media has an ever-increasing influence on business, employers need to thoroughly consider their stance on the intersection of the two. Employers and employees alike grapple wit...
Read MoreRecent health and safety cases hold important lessons for employers
Two recent health and safety cases highlight important lessons for employers to learn from.
...
Read MoreDrugs v alcohol: who should be dismissed?
The Employment Relations Authority has upheld a decision to dismiss an employee for failure to attend alcohol rehabilitation counselling.
...
Read MoreMobbing - the new bullying
Failing employment relationships may not always go out with a big bang. In some cases, a dysfunctional employment relationship may present itself simply by a host of small events which overall undermi...
Read MoreKeeping secrets can prove harmful
It is human nature to keep secrets, but in the context of employment, to do so can prove harmful to both employer and employee. William Hart learnt this truth after being dismissed seven weeks into hi...
Read MoreSignificant changes in how courts decide on redundancy situations
The ground has shifted significantly due to recent decisions of the courts dealing with redundancy situations. The very recent Court of Appeal decision in Grace Team Accounting Limited v Brake&nb...
Read More“Tea Breaks” and the New Employment Relations Act
Employers will be pleased with changes to employment law. The Employment Relations Bill 2013 has just been passed into law by a 62 – 58 vote, as the first enactment of the new Parliament.
...
Read MoreFlexible working conditions becoming more of a reality
As the typical 9-5 working day becomes increasingly dated in modern times, many employers have found they need to adopt a more fluid approach to managing how their employees work.
...
Read MoreMayor’s PA fired for supporting the opposition
As we near this year’s election, the nexus between statute and protocols imposed by employers has come into focus in a recent Employment Relations Authority decision. The Personal Assistant to the May...
Read MoreMayor’s PA fired for supporting the opposition
As we near this year’s election, the nexus between statute and protocols imposed by employers has come into focus in a recent Employment Relations Authority decision. The Personal Assistant to the May...
Read MoreTheft from workplace results in jail time for former employee
James Watchorn stole his former employer’s 'secret recipes' for locating oil. He is now going to jail for 30 months and has also been ordered to pay $77,567. This case, the first of its kind and there...
Read MoreDon't dive into drug testing staff
Drug testing in the workplace is a sensitive issue that is often difficult for employers to navigate. Drug testing will generally be acceptable in a safety-sensitive workplace but even then it can cau...
Read More'Sleepovers' case relevant for on-call employees
Some of you may remember the case of Dickson v Idea Services Limited. This case had a profound impact on New Zealand employment law. Philip Dickson was a community support worker who performed ‘sleepo...
Read MoreHealth and Safety changes: What employers need to know
Times they are a-changin in New Zealand’s Health and Safety landscape.
...
Read MoreAirline's policy on breaks doesn't fly in the Employment Court
No doubt you’ve been in the familiar situation where you’re rushing to check-in before your plane takes off. Well a recent Employment Court decision concerning a pilot’s entitlement to rest and meal b...
Read MoreA case of throwing the baby out with the bathwater
The year has just begun and already we’ve seen a spate of electioneering from our political parties. Markers are already being laid down for what will no doubt be a tightly contested election and paid...
Read MoreOut with the auld, in with the new
Another year gone by - just like that. Very soon, we’ll be into 2014 which will bring another spate of changes to the employment law landscape. Here’s a quick run down on what to expect.
...
Read MoreA cautionary tale on employing people on trial periods
It’ll soon be five years since the National Government first rolled out their controversial 90-day trial period policy. In that time, trial periods have attracted their fair share of litigation as man...
Read MoreOld investigations don’t have to stay in the hangar
It is a well-founded principle of criminal law that someone cannot be tried twice for the same crime. But how does this fly in an employment context? A recent case involving the dismissal of a Pacific...
Read MoreNew guidelines charge directors with ensuring best practice in health and safety
The damning Royal Commission report into the Pike River mining tragedy, issued in November 2011, found that Pike River’s directors had failed to pay sufficient attention to health and safety and that ...
Read MoreHeavy damages for workplace from the dark ages
For those who remember the blockbusting super-marionation television series of the 1960s, the name Thunderbird One will conjour up thoughts of space-age technology, international rescue and people com...
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Cullen - The Employment Law Firm and Women's Refuge are partnering to bring your business an understanding of the effects of domestic violence and the new laws assisting victims of domestic violence at work. Contact us to discuss your needs.