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INFORMATION OVERLOAD! KNOW WHAT YOU MUST DISCLOSE

Written by Jim Roberts and Michael O'Brien on March 26th, 2014.

What happens when an employee, or an unsuccessful candidate for a position, wants to see information relevant to their file or application that the employer considers is confidential?  The Human Rights Review Tribunal has recently considered this question.
Topics: Employment Law
 

KEEPING YOUR PROMISE: HAVE YOU MADE AN OFFER OF EMPLOYMENT THAT YOU CAN NOT KEEP?

Written by Jodi Sharman on March 26th, 2014.

An employment relationship commences with an offer and acceptance of employment.  This is a simple contract law premise, but there are a few legal tips that employers need to watch out for, especially in relation to trial periods and personal grievances.
Topics: Employment Law
 

PARENTAL LEAVE REDUNDANCY: RESTRUCTURING WHILE AN EMPLOYEE IS ON PARENTAL LEAVE – A HARD PUSH?

Written by Jodi Sharman and Claire Perry on March 26th, 2014.

Do not let employees on parental leave out of your sight!  When restructuring a business, it is important to pay particular attention to employees whose employment may be affected while they are on parental leave.
Topics: Employment Law
 

TAKE NOTICE: YOUR GUIDE TO THE MYTHS AND LEGENDS ABOUT NOTICE

Written by Jim Roberts on March 26th, 2014.

Myths and legends abound when it comes to notice of termination.  To name just a few:
Topics: Employment Law
 

WORKSAFE BULLYING: MISS IT AT YOUR PERIL

Written by Jim Roberts and Shukti Sharma on March 26th, 2014.

Bullying is recognised as detrimental to a person’s physical or mental well being.  Employers have contractual and statutory duties to provide a safe workplace, and employers ignore bullying at their peril.  WorkSafe has recently released guidelines for recognising and dealing with bullying.
Topics: Employment Law
 

Changes are Coming! Are You Ready?

Written by Alison Maelzer and Michael O'Brien on February 11th, 2014.

The Employment Relations Act is changing (yes, again!).  What does this mean for you?
Topics: Employment Law
 

Christmas Bonuses

Written by Jim Roberts on December 3rd, 2013.

Christmas bonuses, annual bonuses, or quarterly bonuses that are paid shortly before Christmas may all have an impact on holiday payments.
 
Topics: Employment Law
 

Gift Policies

Written by Jim Roberts on December 3rd, 2013.

While this time of year is a time for giving and clients and suppliers can be generous, gifts can cause their own set of problems. 
 
Topics: Employment Law
 

Christmas/Annual Closedown Periods

Written by Jim Roberts on December 3rd, 2013.

Employers are entitled to have a Christmas closedown – provided they customarily have had a closedown period.  Unfortunately, what constitutes “customarily” is somewhat unclear: an employer that has always closed down over Christmas will be fine, but what about, for example, a new (Greenfields) business wanting to close down at some point in its first year of operation?  Factually, such businesses can’t customarily have had a closedown period because they did not exist before.  Whether the Courts will allow a ‘start-up’ to have a closedown is unknown. 
 
Topics: Employment Law
 

Holidays

Written by Jim Roberts on December 3rd, 2013.

In 2013-2014, both Christmas and New Year’s Day fall on a Wednesday.  Boxing Day and 2 January 2014 both fall on a Thursday.  Accordingly, all are to be observed on the actual days they fall.
 
Topics: Employment Law
 

Work Christmas Functions

Written by Jim Roberts on December 3rd, 2013.

Employers have responsibility for their staff at any work-related Christmas function.  This can potentially include client functions. 
 
Topics: Employment Law
 

Pre-Employment Assessments - What You Need To Know

Written by Jim Roberts & Michael O'Brien on November 8th, 2013.

Can employers use 'on the job trials' as part of the recruitment process?  An Employment Court deision suggests the answer is 'yes' but there are still some pitfalls to watch out for.
Topics: Employment Law
 

Skeletons in the Closet – Misrepresenting Convictions

Written by Jim Roberts on November 8th, 2013.

A Fonterra driver has won his unjustified dismissal case after failing to disclose previous criminal convictions in his job application.  The application included a warning that a failure to disclose could be grounds for dismissal.  The Employment Relations Authority awarded the employee a total of $18,000.
Topics: Employment Law
 

Job Application Forms and Questions – Have you been sterilised?

Written by Alison Maelzer & Sarah Holderness on November 7th, 2013.

A job application form seems so simple, however they can be harder to make legally compliant than you might think. 
Topics: Employment Law
 

Can you deduct from an employee’s wage? It’s not as easy as you may think.

Written by Jodi Sharman on November 7th, 2013.

It is a fundamental rule that employers must pay the entire amount of an employee's wage without any deduction.  But what about PAYE, an overpayment made tot he employee or if the employee owes you money?  There are some exceptions to the rule and this article will help you navigate them and the Wages Protection Act 1983.

Topics: Employment Law
 
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