The Employment Court answers the question: is a former employee entitled to holiday pay on earnings received after they have finished work?
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.
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.
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.
Myths and legends abound when it comes to notice of termination. To name just a few:
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.
The Employment Relations Act is changing (yes, again!). What does this mean for you?
Christmas bonuses, annual bonuses, or quarterly bonuses that are paid shortly before Christmas may all have an impact on holiday payments.
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.
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.
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.
Employers have responsibility for their staff at any work-related Christmas function. This can potentially include client functions.
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.
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.
A job application form seems so simple, however they can be harder to make legally compliant than you might think.