Restraint of Trade Clauses in Employment Agreements – Enforcement remains available to employers.
The Employment Relations Authority (“the Authority”) decision O’Brien v Discovery New Zealand Ltd issued a firm reminder that properly drafted restraint of trade provisions can and will be enforced against employees seeking to jump ship. Former Political Editor for NewsHub, Tova O’Brien (“Ms O’Brien”) sought to end her employment with Discovery (Newshub’s parent company) at the conclusion […]
Company directors may face personal liability for employment law breaches
Introduction Company directors have been put on notice: they may be held to be personally liable for their company’s employment law breaches; even if they genuinely believed the company was complying with its legal obligations. In a judgment issued on 20 December 2021, the Court of Appeal in A Labour Inspector v Southern Taxis Ltd[1] considered […]
Workplace Employment Investigators Require a Licence or Practicing Certificate
There has been a recent, and significant, clarification of the licensing requirements for employment investigators. Independent employment investigators are often appointed by employers to assist in the investigation of employee misconduct, particularly where there are allegations of bullying or sexual harassment. There are a range of options for employers looking for someone to undertake an […]
Vaccine mandate order overturned for Police and Defence Force
As it turns out, vaccine mandates may not be enforced as easily as originally anticipated. A recent COVID-19 High Court case has determined the vaccine mandate for police and defence force staff to be ‘unlawful’[1]. The order requiring New Zealand police and defence force to be vaccinated has now been quashed. Background: On February 25 […]
Guidance for employers and employees during the resignation process.
After watching Rt Hon Jacinda Ardern step down from her role as Prime Minister in January, we considered it an appropriate time to provide some guidance to both employees and employers about the resignation process in New Zealand. Resignation is a process where an employee voluntarily terminates their employment agreement with their employer. While resignations […]
Employment Court Clarifies Criteria for Fixed Term Employment Agreements
A sincere belief that the circumstances warrant a fixed term agreement will not meet the criteria set by the Employment Relations Act Fixed term employment agreements are strictly regulated by section 66 of the Employment Relations Act 2000 (“the Act”). If the criteria set by section 66 are not met, a fixed term agreement may […]
Recent US Court case Zuru v Glassdoor serves as wake up call for New Zealand Employers
The California-based website Glassdoor Incorporated (“Glassdoor”) recently lost a case brought against it by New Zealand-based company ZURU Toys New Zealand Limited (“Zuru”). Personal information surrounding anonymous reviews must now be released from Glassdoor to Zuru to allow them to pursue a defamation claim against suspected present and past employees who expressed their resentment of […]
Breaks legislation – Do employees have to take breaks?
The law regarding break allowances for employees has recently changed The Employment Relations Amendment Act 2018 has amended the Employment Relations Act 2000 to state that: “an employee is entitled to, and the employee’s employer must provide the employee with, rest breaks and meal breaks”. Are you up to speed with the new changes and what they […]