A full court of the Employment Court is to consider the Employment Relations Authority’s ruling on whether an employer can reduce an employee’s salary without consent after accepting the Covid-19 Wage Subsidy.
We all expect employers to act in good faith and follow good human resources practices to avoid workplace issues or problems. But sometimes when issues such as a potential outbreak of a deadly virus occurs, what can employers do to protect their workers?
The internet is increasingly playing an important role in all aspects of our lives, including the important role of finding work. Likewise, the way we manage our work with the use of online platforms has dramatically grown in the last decade.
A key purpose of an internship is to gain experience, skills or contacts that may assist a prospective employee to gain employment or work opportunities in the future, but is it exploitation?
Many employers and employees use the festive season to take planned holidays, manage leave balances, and in some cases close the office, factory or shop. Amanda Douglas and Anthony Drake explain some of the employer's obligations.
Diversity is generally defined as acknowledging, understanding, accepting and valuing the differences among people regarding age, ethnicity, gender, physical and mental disability, race, sexual orientation, and religious or political beliefs. Regardless, discrimination on any of those grounds would be unlawful under the Human Rights Act 1993.
Most employers are committed to providing a safe and productive working environment free from all forms of physical, emotional and verbal abuse. However, from time-to-time a case comes before the courts which is noteworthy.
New Zealand’s response to the age of flexibility is a new law that will come into force on 27 June 2020 which will enable employees to raise a personal grievance against any organisation that has the ability to direct or control the employee’s day-to-day work.
The application of the Employment Relations Act 2000 and different tax treatment are key reasons it is important to correctly establish whether a person is an employee or an independent contractor. This article looks at how to distinguish between them.
There is an increasing prevalence of internet trolling where thoughtless, cruel and harmful messages are posted. This creates challenges and responsibilities for employers to keep employees, whose job it is to be online, safe from pernicious trolling and hateful tweets.
Anthony Drake, Partner at Wynn Williams talks to Jake Millar, CEO of Unfiltered about how to structure your business.
There is a trend in a number of recent employment cases where the courts have considered the demands of work and the demands of family or personal life. In a recent decision of the Employment Court the full court ruled that an employee’s private time is a valuable commodity and accepted the proposition that where an employer purports to reserve the unilateral ability to require an employee to work past their usual hours it does materially constrain a worker’s ability to plan their life away from work.
On 6 May 2019 the Government scrapped the use of trial periods for employers with more than 20 employees. However, employers are still entitled to use probationary periods at the beginning of an employment relationship to assess a new employee’s skills or for an employee who is changing jobs with the same employer, but it is important to be aware of the legal obligations they impose.
We have all heard stories where people let their hair down at the Christmas party – and the boozy office bash turns messy. A number of untoward things can take place! We have reached that time of the year when we need to remind ourselves and staff about acceptable and non-acceptable behaviour.
Electronic mail (email) has become the main mode of communication in the business world. Email has modified the character of corporate and personal communication. It removes the time and place restrictions previously associated with more traditional methods of communication. When engaging in business correspondence through email people perceive it as an informal mode of communication.
We live in an age of constant change where disruption, innovation and evolution are norms. In the business sector, it is good practice for employers to regularly review employment agreements, job descriptions, key-performance-indicators, wages and salaries, and the existence of the job itself.
The Domestic Violence – Victim Protections Bill was passed into law this week and amends the Employment Relations Act 2000, the Holidays Act 2003 and the Human Rights Act 1993. The changes come into effect on 1 April 2019 and enable victims of domestic violence to request a short-term variation to their employment arrangements for the purposes of dealing with the effects of being subject to domestic violence.
Should surrogates and parents through surrogacy receive the same legal rights to leave and pay when their child is born? In New Zealand, surrogacy is an altruistic arrangement on the part of the surrogate mother and it’s illegal to pay her more than her reasonable expenses. So who gets entitlements under New Zealand’s statutory Parental Leave legislation?
George Orwell wrote literary criticism and one of his best known books is the dystopian novel ‘1984’. The novel was written in 1947 and identified such terms as “Big Brother”, ‘doublethink’ and ‘newspeak’ which have become part of everyday language. Who would have thought 70 years later we would still be grappling with the same fairy-tale relationship between morality and privacy.
The Me Too movement and the use of its hashtag on social media has changed the way many employers should view the workplace environment. Workplace culture is now under the microscope like never before! One of the biggest dilemmas employers face is often the mismatches of perceptions at work where one person thinks they are flirting, while the other person feels like they are being harassed or objectivised. The situation becomes even more complex with office romances.
The collection of biometric data includes not only fingerprint, but voiceprint, or the scan of a person’s retina, iris, face or hand, and is becoming increasingly commonplace. It is easy to see how some employers could view the introduction of electronic scanning as helpful to eliminate common forms of timekeeping fraud and to produce a more streamlined operation.
Technology is changing the way we work and think. There is an expectation in the modern connected world that employees will always be available to respond to the employer’s or customer’s demands. A lack of availability or responsiveness is often perceived as detrimental to competitive advantage.