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Trial Period Redux, Comparative Guide and Important Changes Last Week

Written by Jim Roberts and Alison Maelzer on April 9th, 2018.

Trial Period Notice – What Notice? Redux

Confusion continues to reign supreme in the application of trial periods: see our previous article from 12 May 2017.
Topics: Employment Law

Holidays Act: Help has arrived!

Written by Jim Roberts & Jodi Sharman on July 3rd, 2017.

We all know that payroll compliance can be a nightmare. Automated systems don’t necessarily fit individual situations, employee work patterns don’t always fit the mould, and this is overlaid with a very technical area of the law. And to make matters worse; maths!
Topics: Employment Law

Criminal Law and Employment Law - when worlds collide

Written by Jim Roberts on February 16th, 2017.

The Sunday Star Times led with a front page article "Bayleys agent Tonya Spicer was sacked after police 'leaked' unlawful information to her employer”. The headline article continues with surprise that Ms Spicer, having been found not guilty of supplying methamphetamine could then be sacked by her employer.
Topics: Employment Law

You're fired! Summary Dismissal - Do I still need a process?

Written by Nina Thomson and Jim Roberts on February 8th, 2017.

Most employers won’t relish the idea of having to fire someone. However, sometimes an employee’s actions (or inactions) may be so serious that the decision to terminate the employee’s employment might not appear to be a difficult one.
Topics: Employment Law

Wait, so Christmas Day follows Boxing Day this year?!

Written by Alison Maelzer & Jim Roberts on December 20th, 2016.

Transferring public holidays is always a fun aspect of the holiday payroll, and 2016 is no exception.
Topics: Employment Law

What type of employment relationship do you have? Are you using the right employment agreement?

Written by Jim Roberts & Jodi Sharman on November 2nd, 2016.

Different types of employment require different employment agreements.  Unfortunately, the types are sometimes misunderstood and the wrong type of employment agreement used – this can lead to all sorts of trouble down the track! This article gives you a quick overview to set the record straight.
Topics: Employment Law

A Word of Warning

Written by Jim Roberts & Jodi Sharman on September 7th, 2016.

What is a warning in the employment law context and how do you issue an employee with a warning that will stick? It is not as straightforward as you may think.
Topics: Employment Law

Who ya gonna call?

Written by Alison Maelzer and Jim Roberts on August 3rd, 2016.

Obviously, we all hope that we never have to deal with an incident in the workplace.  But equally, we know that accidents do happen.  With the new Health and Safety at Work Act 2015, the rules around notifications have changed.  So what do you have to notify?  When?  How?
Topics: Employment Law

Discrimination in the workplace – here we go again!

Written by Alison Maelzer & Jim Roberts on July 19th, 2016.

The recent article in the New Zealand Herald about a job applicant who was apparently denied the chance of a job interview due to her wearing a hijab provoked a feeling of déjà vu.  It is disappointing that yet again, this issue has arisen.  Surely, surely, employers know by now that discrimination on the basis of religious beliefs or ethnic or national origins is, in almost all circumstances, unlawful, and simply unacceptable?
Topics: Employment Law

Do you know your CCC's? Duty to Consult, Co-operate and Co-ordinate with other PCBUs

Written by Jim Roberts and Mo Al Obaidi on June 10th, 2016.

A Person Conducting a Business or Undertaking (PCBU) is essentially any entity doing business of any sort in New Zealand.  PCBU's are required to ensure, so far as reasonably practicable, the health and safety of workers employed, engaged, influenced, or directed by the PCBU, and the safety of any other person who may be put at risk by work done by the PCBUs.  Part of that is to get workers involved in the process of risk identification and control (workers include: employees, volunteers and contractors).

Payroll 3 - Compliance

Written by Jim Roberts on April 20th, 2016.

Is compliance that difficult?  For the most part, ‘No’.  Yes there are complexities around the application of the Holidays Act 2003, particularly public holidays.  It does seem a bit daft to have four or five different methods for the calculation of pay under the Act, two or three if you count the formulae for annual holidays, and two for public holidays, sick leave and bereavement leave.
Topics: Employment Law

Deductions for Unworked Notice

Written by Alison Maelzer on April 6th, 2016.

It can be really frustrating for an employer when an employee just ups and leaves without giving the contractual notice period.  Many employment agreements contain a provision to the effect that if an employee fails to give the correct period of notice, the employer can deduct a sum equivalent to the salary for the unworked period from the employee’s final pay.
Topics: Employment Law

Payroll 2 - The Labour Inspectors are Coming

Written by Jim Roberts on April 5th, 2016.

Why are they coming?  Is there some new law?
If we look hard enough the answer is probably ‘yes’, there is some newish law.  A small amendment among a number of other ‘tweaks’ to the Employment Relations Act 2000 came into force 1 April 2011.  It set out the "Functions of Labour Inspector".
Topics: Employment Law

Payroll 1 - Your Next Nightmare

Written by Jim Roberts on March 21st, 2016.

This is the first of three newsletters focused on payroll compliance.
Topics: Employment Law

Employment Law Changes – what you need to know about the latest round of amendments

Written by Jim Roberts & Alison Maelzer on March 14th, 2016.

Last night, Parliament passed amendments to a number of key pieces of employment legislation.  These will come into force on 1 April 2016.  In summary, these amendments aim to implement a single broad policy that (according to the Government) aims to promote “fairness and improve productivity in workplaces by enhancing protections and benefits for both employers and employees” and prohibit practices that lack sufficient mutuality.
Topics: Employment Law
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