Check out our latest updates on legal and legislative changes.
Articles Related to Employment and HR
The Importance of Understanding your Privacy Obligations as a Business Owner and Employer
If you’re a business owner, of any size, it is more than likely you hold private information on file. This private information may be in relation to client and customer details or held on staff files. This article serves as a friendly reminder for all business owners to ensure they are complying with the Privacy Act 2020 (“the Privacy Act”) and minimising any risk of a privacy breach.
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The Year ahead: Is 2023 the Year of Restructure?
The economic outlook for the remainder of 2023 for New Zealand looks challenging. The Reserve Bank has just raised the Official Cash Rate by 50 basis points to 4.75% which means the main trading banks will shortly follow suit with similar increases, all aimed at tackling the high inflation rates that persist.
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Redundancy – Don’t Jump the Gun!
The Employment Relations Authority’s recent decision in Buckingham v St John (“Buckingham”) serves as reminder for employers to ensure their redundancy policies and procedures are sound.
What started with some “minor procedural inadequacies” on behalf of employer St John led to an unfortunate misunderstanding with employee, Ms Buckingham, regarding the redundancy package set out in her employment agreement.
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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 are a common and relatively straightforward process across New Zealand workplaces, there are some important considerations that both employees and employers should take into account.
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Fair Pay Agreements Bill to Take Effect Very Soon
The widely disputed Fair Pay Agreements Bill (“FPA Bill”) has been passed and will take effect on 1 December 2022. When it takes effect, the Act will provide a framework for collective bargaining for fair pay agreements (“FPA’s”) across all New Zealand industries or occupations, rather than just between unions and particular employers.
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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 the company online.
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Consultation, a ‘must’ for Employers when directing employees to take annual leave
The Employment Court’s recent decision in E Tū Incorporated v Carter Holt Harvey LVL Limited (“Carter Holt Harvey”) has confirmed it is essential that employers consult with employees before giving annual leave directions.
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New Protected Disclosures Act a reminder for employers to ensure they have solid whistleblowing policies in place
The Protected Disclosures (Protection of Whistleblowers) Act (“the Act”) comes into effect from 1 July 2022, replacing the Protected Disclosures Act 2000 (“the 2000 Act”).
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Is it workplace ‘banter’ or simply harassment?
A recent decision from the Employment Relations Authority (Authority), AKD v Clarence Street Warehouse Limited [2022] NZERA 255, has addressed the risks employers may face when ‘boys club’ work environments cross the threshold from workplace banter into sexual harassment.
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Employers can still be stung during trial periods
A recent decision from the Employment Relations Authority (Authority), Williams v Team One Limited [2022] NZERA 180, is an example of the Authority upholding the important objects of the Employment Relations Act 2000 (the Act) by acknowledging and addressing the inherent imbalance of power between those in employment relationships as well as promoting the enforcement of employment standards.
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