Contributory conduct in an unjustified dismissal: how it could mean no remedies
Dismissing an employee for inappropriate or serious misconduct may be unjustified where the employer failed to follow a fair process. However, an employee’s contributory conduct can significantly reduce or eliminate the remedies available to an unjustifiably dismissed employee. This article explores the legal principle of contributory conduct and how it applied in Stewart v OCDL [2025] NZERA […]
Tracking The Trend: Employee Interim Reinstatement Applications
Introduction In the wake of the rise of applications for interim reinstatement, the Employment Court has issued a decision reminding ex-employee’s raising a personal grievance that the ability to return to work pending resolution remains far from automatic. Scott v Damar Industries Limited [2025] NZEmpC 215 was a challenge to an Employment Relations Authority (“ERA”) decision which […]
Christmas Special: Employment law tips for the holiday season
As the festive season approaches, it’s the perfect time for employers to start planning, not just for a well-earned break, but for the unique workplace issues that can arise at this time of year. From managing holiday leave, to hosting Christmas parties, and handling staff conduct, a little forward-thinking can prevent issues from spilling over […]
Major Overhaul of the Fair Trading Act: What the New Penalties Mean for Retailers
The Government has announced substantial reforms to the Fair Trading Act (“FTA”), with a bill expected to be introduced to Parliament next year. While supermarkets have been specifically referenced as a focus point of the amendments, following multiple supermarkets pleading guilty to FTA offences earlier this year, these changes will apply to all businesses. Major […]
From Joyride to Judgment: Supreme Court Rules Drivers Are Employees
The Supreme Court has confirmed that four Uber drivers are employees, not independent contractors, of the ride-share giant. However, for the many workers who have filed challenges to their employment status pending the outcome of this decision, the upcoming legislative changes will likely see the brakes pulled. Although the case relates to the gig-economy, the […]
New Law Protects Employees’ Right To Discuss Pay
In a move towards workplace equity, the Employment Relations (Employee Remuneration Disclosure) Amendment Bill (“the Bill”) has now come into force. The Bill seeks to protect employees who choose to (voluntarily) discuss or disclose their own remuneration. Its central goal is to ensure that workers can share information about their pay, if they wish, without fear of […]
Testing the Limits of Collective Bargaining in New Zealand
A recent legal dispute between The Athletes’ Cooperative Inc (“TAC”) and High Performance Sport New Zealand Ltd (“HPSNZ”) has tested the outer limits of New Zealand’s collective bargaining framework under the Employment Relations Act 2000 (“the Act”). The case, which journeyed from the Employment Relations Authority up to the Court of Appeal, highlights the importance […]
Responding to Employee Privacy Requests
A Practical Guide for Employers f you’re an employer, you may at some point receive a request from an employee, or ex-employee, asking to access the personal information you hold about them. These requests are made under the Privacy Act 2020 (“Privacy Act”), which governs the collection, holding, use and disclosure of personal information. Whilst the […]
Shake Up of Earthquake-Prone Building System: What It Means for Commercial Property
In September 2025, the Government announced a series of proposed changes to New Zealand’s earthquake-prone building (EPB) system under the Building (Earthquake-Prone Building System Reform) Amendment Bill. The reforms aim to make the current EPB regime more risk-based and proportionate, reducing compliance costs while maintaining safety standards. Key proposed changes The Government has indicated several […]
GrabOne Liquidation: What Are Retailers’ Legal Obligations?
Global Marketplace New Zealand Limited (“GMNZ”), which operated GrabOne, has been put into liquidation. GMNZ’s liquidators have said the company is not in a position to provide refunds to consumers with unredeemed vouchers. What, then, are a retailer’s rights and obligations when approached by a consumer with an unredeemed GrabOne voucher for the retailer’s business? […]