Employment
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Parker v Magnum Hire: A new era of personal grievance remedies awarded in the Employment Relations Authority?
If you heard a sudden loud noise last week – no it wasn’t a jet plane flying overhead, it was the gasp of employment lawyers across New Zealand when the Employment Relations Authority published it...
26.02.2024 Posted in Employment
employment dictionary website
Banding together: the Court’s new approach to awards for injury to feelings
One of the key remedies available to an employee who has successfully established a personal grievance in the Employment Relations Authority (Authority) or the Employment Court (Court) is compensation...
23.02.2024 Posted in Employment
New year, new government, new policies: what’s on the cards for employment law in 2024?
As we have been known to say once or twice (okay, maybe every year!) employment law never stands still. New governments can also spell major change, and this time is no exception. As you will likely h...
14.02.2024 Posted in Business Advice & Employment
Employment Law Wide
Trials and tribulations of trial periods – what an employer needs to know
If, like us, you were doing last minute Christmas shopping, you might have missed that the Employment Relations (Trial Periods) Amendment Act 2023 (Act) received Royal Assent and came into effect shor...
19.01.2024 Posted in Employment
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A warning about warnings
It can be tempting for an employer to think that it is only a dismissal that requires a disciplinary process, and that a warning or a final warning can be issued simply by notifying the employee.  Be...
13.12.2023 Posted in Employment
employment dictionary website
Gloriavale residents found to be employees – yes, again!
The employment status of a worker is a concept that has long been contested and is challenging to determine for many, especially with flexible working arrangements and the so-called ‘gig economy’....
07.12.2023 Posted in Employment
Money Growth People Wide BW
How much do you earn?
The Employment Law Team explore the legality of pay secrecy clauses in employment agreements and whether any changes may be on the horizon in a recent Legalwise Insights article.  Read the article he...
30.11.2023 Posted in Employment
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Health and Safety: The Consequences of Dishonesty
Siddhartha Gautama said that lies are like huge, gaudy vessels, the rafters of which are rotten and worm-eaten, and that those who embark in them are fated to be shipwrecked.  Two remarkable health a...
03.11.2023 Posted in Employment & Health & Safety
Time is money – availability provisions in employment agreements and the requirement to compensate
What happens when an availability provision is non-compliant because it does not allow for compensation, but the employee is not “required” to work additional hours?  Can the employee still be sa...
21.09.2023 Posted in Business Advice & Employment
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“For every dollar a Pākehā man makes…” – the latest development in addressing gender and ethnicity pay gaps
Mandatory reporting systems that would require businesses to report their gender pay gap might be on the (distant) horizon.
16.08.2023 Posted in Employment
FGH v RST the Sequel: Navigating mental health in employment processes
Mental health matters are complex and navigating those matters during performance or disciplinary processes can be difficult for both parties.  In an unusual twist, the Employment Court (Court) was a...
15.08.2023 Posted in Business Advice & Employment
Three parties in an employment relationship – the riddle in Riddler
Employment relationships are not always straightforward.  When there are three parties involved, things can get complicated.  The Employment Court (the Court) has recently had to untangle just such ...
01.08.2023 Posted in Employment
employment dictionary website
Gimme, gimme more … information.
The procedural obligations in redundancy and complying with the duty of good faith.
03.07.2023 Posted in Business Advice & Employment
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Breaking News: Timeframe to raise a personal grievance for sexual harassment set to increase to 12 months
The timeframe to raise a personal grievance for sexual harassment is about to increase from 90 days to 12 months. This change will come about as a result of the Employment Relations (Extended Time for...
09.06.2023 Posted in Business Advice & Employment
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Privacy in the workplace – answering the burning questions for employers
It is the Employment Law Team’s favourite time of year – no, not Christmas, summer or going away to the family bach. It’s Privacy Week, duh!
12.05.2023 Posted in Business Advice & Employment
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Recent Employment Legislation Updates – Changes You Cannot Afford to Miss!
Struggling to keep up with the breakneck speed of recent employment legislation news?  In this article, we provide a round-up of legislation and regulatory updates for employers, including analysis a...
20.04.2023 Posted in Business Advice & Employment
“Hi Honey, I’m (still) home!” Legal considerations for employees working from home
With flexible working arrangements becoming increasingly common post-Covid, employers should continue to be alive to the consequences of these arrangements and consider what steps they should take to ...
What to do when disaster strikes? Practical Guidance for Employers Following a Natural Disaster
Following the flooding in January and Cyclone Gabrielle in February the lives of many individuals (both employees and employers) in the North Island have been thrown into turmoil.  Many were devastat...
14.03.2023 Posted in Climate Change & Employment
The Employment Law Team – Updates for 2023
2023 has had a turbulent start to the year.  We know that many of you are affected in Northland, Coromandel and Auckland, and the scale of the devastation in Hawkes Bay and Tairawhiti is beyond compr...
24.02.2023 Posted in Employment
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On your marks, get set, STOP! Revoking an offer of employment
Sometimes, an employer wants to withdraw an offer of employment, especially when the offer was conditional. But what if the employee has already accepted?
10.11.2022 Posted in Employment
Electronic Monitoring Policies in Ontario – A Possibility for New Zealand?
The frequency and intensity with which employees are monitored by employers through the use of electronic systems have been amplified with technological advancement in recent years, raising privacy concerns in many countries.
10.10.2022 Posted in Employment
employment dictionary website
New Categories of Workers: Employee, Dependent Contractor, Independent Contractor
Spotting the difference between an employee and independent contractor can be difficult, but is a critical exercise. This is because employees are afforded a suite of rights not available to contracto...
05.10.2022 Posted in Employment
Restricting the restrictions? New Bill aims to regulate post-employment restraints
Restraint of trade clauses are commonly found in employment agreements and are often used without much thought as to whether they are reasonable in the circumstances.
30.09.2022 Posted in Employment
HH office
Queen Elizabeth II Memorial Day
The Queen Elizabeth II Memorial Day Bill has passed its Third Reading and will come into force by the end of this week.  The Bill provides the legislative framework to support the Government’s anno...
21.09.2022 Posted in Business Advice & Employment
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Off the Bench and into Action: The Whistle Blows on the Protected Disclosures Act 2022
On 1 July 2022 the Protected Disclosures (Protection of Whistleblowers) Act 2022 (Act) came into force, repealing the Protected Disclosures Act 2000.
19.08.2022 Posted in Employment
Reception
Employment Court Deems Gloriavale Residents Employees
The definition of “employee” in the Employment Relations Act 2000 (ERA) can at times be tricky to navigate; recent cases involving builders, couriers, and uber drivers can attest to the issues tha...
18.05.2022 Posted in Employment
Matariki and Fair Pay Agreements
Matariki Te Pire mō te Hararei Tūmatanui o te Kāhui o Matariki (Te Kāhui o Matariki Public Holiday Bill) received Royal Assent yesterday, and the new Act comes into force today – 12 April 20...
12.04.2022 Posted in Employment
Business hibernation: the impact on employment obligations
By business hibernation we mean the temporary, self-enforced, suspension of a business.
29.03.2022 Posted in Employment
Fair Pay Agreement System: Implications for Employees and Employers
In May 2021, the Government announced the introduction of a new Fair Pay Agreement system.
15.03.2022 Posted in Employment
Police and Defence Force Vaccination Mandate overturned – is this a big deal or not?
On 25 February 2022, the High Court upheld a challenge to the COVID-19 Public Health Response (Specified Work Vaccinations) Order 2021 (“the mandate”).   What was the outcome of this case?  The ...
08.03.2022 Posted in COVID-19 & Employment
If they work like employees, and look like employees, they must be employees, right?
In light of the current Gloriavale litigation in the Employment Court, in which a number of former Gloriavale residents allege that they were employees rather than volunteers, it is interesting to con...
23.02.2022 Posted in Employment
vaccination
New booster requirement introduced for some workers
On 23 January 2022, the COVID-19 Public Health Response (Vaccinations) Amendment Order 2022 (the 2022 Amendment Order) came into force.  This amends the previous COVID-19 Public Health Response (Vacc...
24.01.2022 Posted in Business Advice & COVID-19 & Employment
Supreme Court Confirms Commissions Within Weekly Holiday Pay
The Supreme Court has upheld the Court of Appeal’s decision (although for different reasons) in A Labour Inspector of the Ministry of Business, Innovation and Employment v Tourism Holdings Limited w...
21.12.2021 Posted in Business Advice & Employment
Hesketh Henry ranked in the latest Asia-Pacific Chambers Legal Directory 2022
Henry has received the following recommendations and commentary in the high-profile Asia-Pacific Chambers Legal Directory for 2022
Are you ready for the new Covid-19 Protection Framework?
Parliament has been racing through COVID-19 legislation in preparation for New Zealand entering the COVID-19 Protection Framework (CPF) at midnight tonight, Thursday 2 December.   Employers operating...
02.12.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety
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Covid-19 Risk Assessment – Vaccines only part of the solution
Vaccine mandates have been the “hot topic” in the news recently.  However, it has become clear that vaccines are not a silver bullet and relying on vaccination alone to address the risk of Covid-...
01.12.2021 Posted in COVID-19 & Employment & Health & Safety
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COVID-19 Protection Framework: Vaccination Certificates and Simplified Risk Assessment on its way
For some employers, Covid-19 vaccine certificates (CVCs) are required in order to operate within the Covid-19 Protection Framework (the Traffic Light System).  The scope of this requirement is slated...
23.11.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety
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Health check on solvency position:  time to conduct an annual review and plan for the future
As 2021 draws to a conclusion and businesses begin to consider what operations will look like in the new year, it will be necessary to reflect on the impact of Covid-19 and prepare for life under the ...
How to Gauge the Minimum Wage: Sandhu v Gate Gourmet
Court of Appeal Overturns Employment Court’s Decision in Sandhu v Gate Gourmet
16.11.2021 Posted in Business Advice & Employment
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Court of Appeal Overturns Employment Court’s Decision on Discretionary Bonuses in Holiday Pay
The Court of Appeal has overturned the decision of the Full Court of the Employment Court about when employer bonuses are included within holiday pay. The key is whether the employer is contractually bound to pay the bonus.
27.10.2021 Posted in Employment & Regulatory
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Extending the reach of the jab –the Public Health Response (Vaccinations) Order – round 3
While we have known for a while that the government was expanding the scope of the vaccination requirements, many schools and health providers have been waiting with bated breath for the actual Order ...
26.10.2021 Posted in Business Advice & COVID-19 & Employment
Update – August/September 2021 Lockdown – what financial support is available?
The Government is offering various support schemes to help employees and businesses cope with the 2021 COVID-19 Lockdown.  Given the differing eligibility requirements it is easy to become overwhelmed.
07.10.2021 Posted in Business Advice & COVID-19 & Employment
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Alert Level 3; Hi-ho, hi-ho, back to work we go?
In Auckland, we’re excited to be moving to Alert Level 3, if only so we can take a break from cooking every single meal! 
21.09.2021 Posted in Business Advice & COVID-19 & Employment
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Employment Relations Authority Finds Dismissal of Unvaccinated Border Worker to be Justified
On 1 September 2021, The Employment Relations Authority (Authority) determined in GF v New Zealand Customs Service [2021] NZERA 382, that the New Zealand Customs Service (Customs) was justified in its...
10.09.2021 Posted in Business Advice & COVID-19 & Employment
Supreme Court asserts Employment Relations Authority exclusive jurisdiction
The Supreme Court has recently issued a significant judgment clarifying that the Employment Relations Authority (Authority) has exclusive jurisdiction over claims arising in a “work context”. In d...
09.09.2021 Posted in Business Advice & Employment
Increase in Sick Leave Entitlement
From Saturday 24 July 2021, the minimum entitlement to sick leave increases from 5 to 10 days in each entitlement year.
23.07.2021 Posted in Business Advice & Employment
Construction Contractor Controversy: Guidance on the Status of Contractors
Workers in the construction industry are frequently engaged as independent contractors.
18.06.2021 Posted in Business Advice & Construction & Employment
vaccination
What happens if my employee refuses to get the COVID-19 vaccination?
While there are enough COVID-19 vaccinations to inoculate each New Zealander, it has been reported that some ‘frontline’ workers have refused to get vaccinated, or have failed to attend vaccinatio...
14.04.2021 Posted in Business Advice & COVID-19 & Employment
Condolence
Bereavement Leave Confirmed for Miscarriages and Stillbirths 
New Zealand has become the second country in the world to pass legislation that provides bereavement leave for mothers and their partners after a miscarriage or stillbirth.
26.03.2021 Posted in Business Advice & Employment
Court of Appeal Overturns Employment Court’s Decision in Tourism Holdings
Tourism Holdings Limited v A Labour Inspector of the Ministry of Business, Innovation and Employment (Tourism Holdings) is the first decision in which the Employment Court considered section 8(2) of the Holidays Act 2003 (Act). The Court of Appeal has recently overturned this decision.
26.03.2021 Posted in Business Advice & Employment
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UK Supreme Court Delivers Decision on Uber Driver Employment Status
The distinction between employee and independent contractor can be complex, particularly where the nature of the business model blurs the lines of standard employment practices.
16.03.2021 Posted in Business Advice & Employment
Holidays Act Overhaul – Taskforce Recommendations
There have been calls for an amendment of the Holidays Act 2003 (Act) for some time.
16.03.2021 Posted in Business Advice & Employment
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COVID-19 – Government support explained
With a myriad of government benefits available to help employees and businesses cope with the COVID-19 lockdowns, it is easy to become overwhelmed with the differing eligibility requirements and vario...
04.03.2021 Posted in Business Advice & COVID-19 & Employment
Reception
The impact of lockdown on the Minimum Wage Act: the Employment Court judgment in Gate Gourmet
In Sandhu v Gate Gourmet New Zealand Ltd, Gate Gourmet challenged the Employment Relations Authority’s determination that the protections under the Minimum Wage Act 1983 (MWA) applied to its employe...
03.03.2021 Posted in Business Advice & Employment
Employment Law Considerations for Buying or Selling a Business
The people in a business often make the business, so if you are planning to buy or sell a business, it is important that you understand your employment law obligations in relation to employees.
17.02.2021 Posted in Business Advice & Employment
Employment Court Deems Uber Driver a Contractor
Although immensely popular due to its user friendly interface and low prices, the Uber Group is facing challenges to its business model worldwide.  Issues about the rights of Uber’s drivers have be...
12.02.2021 Posted in Business Advice & Employment
Increase in sick leave entitlement – what you need to know
The Holidays (Increasing Sick Leave) Amendment Bill (the Bill) was introduced in December 2020 and passed its First Reading on 1 December 2020. With the government’s clear majority, the Bill is anti...
02.02.2021 Posted in Business Advice & Employment
Privacy Act 2020: new obligations to report privacy breaches
The Privacy Act 2020 creates a new requirement to report serious privacy breaches, as from 1 December 2020. 
25.09.2020 Posted in Business Advice & Employment & Regulatory
COVID-19: Who Takes the Pay Hit When There is Little or No Work During Lockdown?
The COVID-19 situation is a rapidly changing beast. 
18.08.2020 Posted in Business Advice & COVID-19 & Employment
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COVID-19 Redundancies: Cutting Corners Courts Censure
The Employment Relations Authority (Authority) has recently issued a determination that considers redundancies implemented due to the Government’s COVID-19 restrictions:  De Wys and Jenney v Solly...
13.08.2020 Posted in COVID-19 & Employment
Cancelled Plans and Future Liabilities: A post lockdown annual holidays FAQ
COVID-19 has not only hit many employers hard in terms of economic impact, it has also confronted employers with many employment challenges that require urgent attention.
04.08.2020 Posted in Business Advice & Employment
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The new Privacy Act: What will this mean for your Business?
The long awaited reform to New Zealand privacy law is currently making its way through the final stages in Parliament, and is expected to become law on 1 November 2020. The Privacy Bill (which when en...
25.05.2020 Posted in Business Advice & Employment
COVID-19 – Contact Tracing – Health and Safety and Privacy.  Think! and save us all.
As we slowly venture out into the world, we have noticed some businesses have adopted questionable contact tracing practices.  Businesses need to Think! about the competing obligations they are opera...
19.05.2020 Posted in COVID-19 & Employment
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Contractor or Employee? The decision in Leota v Parcel Express Limited
The legal distinction between contractors and employees can sometimes be a fine one. Being an employee, rather than a contractor, is generally (and in most cases) advantageous to the worker as it prov...
12.05.2020 Posted in Business Advice & Employment
COVID-19: Extension of Leave Support Scheme for “At Risk” Workers
On 24 April 2020 and with a shift to Alert Level 3, the Government has announced that the COVID-19 Essential Workers Leave Support Scheme has been extended to cover “non-essential” workers who are...
04.05.2020 Posted in Business Advice & COVID-19 & Employment
COVID-19: Next Level:  Employment beyond Lockdown
Next Level We are almost 3 weeks into a Level 4 lock-down and a little over a week from Level 3 if all goes to plan. Now is the time to be thinking about what the next stage will look like for your bu...
14.04.2020 Posted in Business Advice & COVID-19 & Employment
COVID-19: Anarchy does not rule, OK?!
Employment Issues and COVID-19 – Updated 1 April 2020
01.04.2020 Posted in Business Advice & COVID-19 & Employment
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COVID-19: Employment issues -updated 24 March 2020
The COVID-19 situation is rapidly evolving, and employers need to be continually assessing and reassessing their response. This article is being updated regularly: the last update was 24 March 2020. L...
17.03.2020 Posted in Business Advice & COVID-19 & Employment
one against all
Workplace bullying: what it is and what steps to take
Kiwis have a reputation as being friendly, optimistic people, however many of our workplaces have an unspoken dark side: New Zealand has the second-worst rate of workplace bullying in the developed wo...
20.02.2020 Posted in Employment
employment law books
Do you really need a Fixed Term Agreement? Really really?
Most of us (and especially lawyers) like certainty.  Experience tells us however that there is nothing as uncertain as a sure thing.  Frequently, we speak to employers that are tempted to use fixed ...
28.11.2019 Posted in Employment
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Who is working when? Public holidays and ‘otherwise working days’
With Labour Day just around the corner, and Christmas/New Year looming, we are getting a few questions about the “otherwise working day”.
24.10.2019 Posted in Employment
Ending Employment – Process is Key!
Even when employment has lasted for a very short time, an employer is still required to follow the law, and the consequences of failing to comply can end up being very significant.  So it was for a C...
26.09.2019 Posted in Employment
Court of Appeal considers the law on notice during a Trial Period… are we all clear now?
In Ioan v Scott Technology NZ Limited, the Employment Court looked at the requirement to give notice during a trial period termination under the Employment Relations Act 2000 (Act). Mr Ioan’s employ...
04.09.2019 Posted in Employment
Construction
Compliance Risks in the Construction Industry
Between 2016 and 2022, demand for construction-related occupations is projected to increase by approximately 56,000 employees. Temporary workers provided by third party labour hire agencies have long ...
15.08.2019 Posted in Construction & Employment
Give me a break… Managing Rest and Meal Breaks
From 6 May 2019, the statutory regime around rest and meal breaks in the Employment Relations Act (Act) has returned to a prescriptive approach.  The changes replace the more flexible provisions that...
05.07.2019 Posted in Employment
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What must be in an individual employment agreement to comply with legislation? You might be surprised!
Most employers know that an individual employment agreement (IEA) must be in writing and that they are required to retain a signed copy (or the current terms and conditions of employment that make up ...
18.06.2019 Posted in Employment
Employment Relations (Triangular Employment) Amendment Bill
You may have heard the phrase “triangular employment relationship” thrown around, particularly in the media. Although it sounds complicated, the phrase refers to a common employment relationship, ...
21.05.2019 Posted in Employment
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Employment Law Changes – Today is the Day!
Today is the 6th of May - are you ready?!  
06.05.2019 Posted in Employment
Nearly there! Only a few days of 2018 left!
Just a quick note from the Hesketh Henry Employment team about what’s on the horizon:
18.12.2018 Posted in Employment
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Time for Change (again!)
The winds of change are once again blowing through the employment law landscape.
10.12.2018 Posted in Employment
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Employment Litigation Costs: In for a penny, in for a pound?
Vindication is frequently offered as a motivation for litigation.
26.11.2018 Posted in Disputes & Employment
Employment
So long, farewell, auf wiedersehen, goodbye…
When the employment relationship comes to an end, for whatever reason, there are still a few boxes to be ticked. So what needs to be done before you can bid each other a (hopefully) fond farewell?
05.11.2018 Posted in Employment
Employment Law Team – Some exciting changes
The Employment Law team at Hesketh Henry is thrilled to welcome Jodi Sharman back from parental leave.  Jodi is excited to be back at her desk.  We are also happy to announce that Sam Houliston has ...
25.09.2018 Posted in Employment
When You Can’t Have it Your Way
Antares Restaurant Group Limited (which owns and operates Burger King in New Zealand) has received a whopper of a sanction – a ban on the company supporting visa applications until July next year.
04.09.2018 Posted in Employment
Stressful‽ Mental Health Risks in Performance Management
Employers are often met with complaints of bullying and stress as soon as performance management commences.
09.08.2018 Posted in Employment
Domestic Violence – Victims’ Protection Act 2016
On 25 July 2018 the Domestic Violence – Victims’ Protection Bill passed its third reading in parliament. The resulting Domestic Violence – Victims’ Protection Act 2016 will come into force on 1 April 2019.
30.07.2018 Posted in Employment
Contractor, Worker, Employee: The Gig Economy Gets a Judicial Serve
The UK Supreme Court’s recent decision about a plumber could influence how our own courts classify workers held out as contractors and workers for app-based companies like Uber.
26.07.2018 Posted in Employment
Managing Employees’ Mental Health Issues
Ministry of Health statistics confirm that during 2016, 169,454 people accessed mental health services in New Zealand. The law of averages suggests that most workplaces will – to a lesser or greater degree – be affected at some time by an employee’s mental health issue.
31.05.2018 Posted in Employment & Health & Safety
Managing Medical Incapacity: Enough To Make You Feel Sick?
Managers and HR practitioners often tell us that dealing with employees who are genuinely too sick or injured to work is one of their least favourite tasks. Frankly, we can see why.
31.05.2018 Posted in Employment
Trial Period Redux, Comparative Guide and Important Changes Last Week
Confusion continues to reign supreme in the application of trial periods.
10.04.2018 Posted in Employment
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The Tweet you don’t want to see …..
Finding out you've been fired from your high profile job via the internet seems insensitive
29.03.2018 Posted in Employment
Hanging out for Easter? What you need to know if you are in retail.
Shops can now open on Easter Sunday
09.02.2018 Posted in Employment
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Employment Law: the only constant is change…
Proposed changes to the Employment Relations Act 2000 (ACT)
26.01.2018 Posted in Employment
Reception
Hesketh Henry Recommended in The Legal 500 Directory as a Leading Firm in 2018
Firm receives recommendations and commentary in 2018 Legal Directories
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Holidays Act: Help has arrived!
We are thrilled to announce that the first part of Holidays Act 2003: Guidance on annual holidays and related provisions has now been published
03.07.2017 Posted in Employment
Trial Period Notice – What Notice?
If you are planning on terminating under a trial period, we strongly suggest that you seek legal advice first
12.05.2017 Posted in Employment
Criminal Law and Employment Law – when worlds collide
The obligation an employer has to be open and honest to its employees, active and constructive, responsive and communicative and not to mislead or deceive, is the exact same set of obligations that employees owe to their employer
16.02.2017 Posted in Employment
You’re fired! Summary Dismissal – Do I still need a process?
Summary dismissal, that is, dismissal without notice, may arise in relation to serious misconduct, and sometimes where misconduct is repeated
08.02.2017 Posted in Employment
Wait, so Christmas Day follows Boxing Day this year!
Transferring public holidays
20.12.2016 Posted in Employment
Reception
Hesketh Henry Recognised in Legal 500 Asia Pacific 2017 Legal Directory
Recognised in Legal 500 Asia Pacific 2017 Legal Directory
What type of employment relationship do you have? Are you using the right employment agreement?
Which type of employment agreement should you be using?
02.11.2016 Posted in Employment
A Word of Warning
What is a formal warning?
07.09.2016 Posted in Employment
Bridge
Gotta catch ‘em all? What does Pokémon Go mean for the employment relationship?
Messing around on company time, using the employer's stuff for your own benefit, and taking sickies are issues as old as employment law itself.
25.07.2016 Posted in Employment
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Discrimination in the workplace – here we go again!
Just a quick refresher on discrimination.
19.07.2016 Posted in Employment
Employment
Payroll 3 – Compliance
Compliance with the Holidays Act is paramount, but that is closely followed by compliance with any collective agreement and then individual employment agreement.
20.04.2016 Posted in Employment
Deductions for Unworked Notice
An employer can deduct a sum equivalent to the salary for the unworked period from the employee's final pay. However, there are two cautionary notes:
06.04.2016 Posted in Employment
Employment
Payroll 2 – The Labour Inspectors are Coming
What are Labour Inspectors meant to do?
05.04.2016 Posted in Employment
Employment
Payroll 1 – Your Next Nightmare
This is the first of three newsletters focused on payroll compliance.
21.03.2016 Posted in Employment
Employment
Employment Law Changes – what you need to know about the latest round of amendments
We have set out the most significant changes
14.03.2016 Posted in Employment
Employment
Abandonment of Employment: wish you were here…
When an employee leaves work in dramatic fashion, it is important (from both a legal and practical perspective) to try and clarify the employee's intentions, so you all know where you stand.
04.02.2016 Posted in Employment
Employment Law Changes Ahead
The Employment Standards Legislation Bill (Bill), recently introduced to Parliament by the Government, proposes a raft of changes across employment legislation.
07.09.2015 Posted in Employment
66 Bottles of Beer …
Holding a union delegate responsible for 66 bottles of beer can be discrimination.  So says the Court of Appeal.  Is discrimination the new frontier?
18.08.2015 Posted in Employment
The disciplinary dance – don’t miss a step!
Once an employer has investigated allegations of misconduct, and reached the conclusion that yes, the employee has indeed done what they were accused of, it is tempting to race to the finish line, and...
06.08.2015 Posted in Employment
Enforcing Employment Standards – finally some teeth!
For a long time, enforcement of employment standards has been a bit of the proverbial slap on the hand with a wet bus ticket.   However, things are about to get quite a lot tougher for employers who...
21.07.2015 Posted in Employment
The devil is in the detail
Recently we have noticed a number of employers getting themselves in trouble when it comes to the disciplinary process.   Often, these employers will have a good idea of what the employee has done w...
06.07.2015 Posted in Employment
Enforcing Employment Standards – heavy sanctions looming!
For a long time, enforcement of employment standards has been a bit of the proverbial slap on the hand with a wet bus ticket.   However, things are about to get quite a lot tougher for employers who...
10.04.2015 Posted in Employment
Mondayisation of Anzac day
The term ‘Mondayised’ sounds more intimidating than it really is.
24.03.2015 Posted in Employment
Exciting? Not so much. Crucial? Definitely.
Wage and time records are not the sexiest or most captivating aspect of employment law.  Indeed, it is an element of HR that is easy for even the best, most diligent practitioners to forget.   Howe...
11.02.2015 Posted in Employment
Suspension – Not as straightforward as you may think
Suspending an employee is not as straightforward as many employers may think. In this article, we guide you through the legalities in New Zealand.
02.12.2014 Posted in Employment
Redundancy Wake Up: Court of Appeal Upholds Employment Court Decision
Redundancies have been a hot-button issue over the past 18 months, with no fewer than four Employment Court decisions dealing with them.  The Court of Appeal has now weighed in, and made findings tha...
21.11.2014 Posted in Employment
Social Media: Can you be terminated for tweeting or lose your job for liking?
Businesses should take the opportunity to ensure they have a clear policy in place which outlines their position regarding social media.
12.11.2014 Posted in Employment
Once upon a time, there was a Bill…
Way way back, during the 2011 election campaign, National made a promise to amend the Employment Relations Act 2000.  Following what has proven to be a long-winded saga featuring criminal convictions...
04.11.2014 Posted in Employment
Bridge
Sun, Sand and Annual Leave
How much annual leave does an employee have and when is an employee entitled to take time off?
22.10.2014 Posted in Employment
Bridge
Newsflash: Trial Periods
The trials and tribulations of using a trial period are compounding with each new Authority and Court decision.   The latest wrinkle is the recent decision in Hutchison v Canon New Zealand Ltd [2014...
05.09.2014 Posted in Employment
Bridge
‘They’re Contractors Not Employees’ – Really?
How can you tell whether a person is an employee or contractor?
24.06.2014 Posted in Employment
Bridge
Do Post Employment Earnings Attract Holiday Pay?
Is a former employee entitled to holiday pay on earnings received after they have finished work?
10.06.2014 Posted in Employment
INFORMATION OVERLOAD! KNOW WHAT YOU MUST DISCLOSE
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 Righ...
26.03.2014 Posted in Employment
KEEPING YOUR PROMISE: HAVE YOU MADE AN OFFER OF EMPLOYMENT THAT YOU CAN NOT KEEP?
An employment relationship commences with an offer and acceptance of employment. 
26.03.2014 Posted in Employment
Parental Leave Redundancy: Restructuring While An Employee Is On Parental Leave – A Hard Push?
When restructuring a business, it is important to pay particular attention to employees whose employment may be affected while they are on parental leave.
26.03.2014 Posted in Employment
TAKE NOTICE: YOUR GUIDE TO THE MYTHS AND LEGENDS ABOUT NOTICE
We expunge some of the myths.
26.03.2014 Posted in Employment
Changes are Coming! Are You Ready?
The Employment Relations Act is changing (yes, again!).  What does this mean for you? Now that the Christmas tree has been packed away for another year and the New Year celebrations have been success...
11.02.2014 Posted in Employment
Christmas Bonuses
Christmas bonuses, annual bonuses, or quarterly bonuses that are paid shortly before Christmas may all have an impact on holiday payments. Generally speaking, if the payment is made under an employee...
03.12.2013 Posted in Employment
Gift Policies
If, as an employer, you have gifting policies, now is a good time to remind employees of their content.
03.12.2013 Posted in Employment
Christmas/Annual Closedown Periods
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 tha...
03.12.2013 Posted in Employment
Holidays
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. Publ...
03.12.2013 Posted in Employment
Work Christmas Functions
Employers have responsibility for their staff at any work-related Christmas function.  This can potentially include client functions. Employee behaviour can stray into misconduct, particularly where ...
03.12.2013 Posted in Employment
Bridge
Pre-Employment Assessments – What You Need To Know
Can employers use ‘on the job trials’ as part of the recruitment process?  An Employment Court decision suggests the answer is ‘yes’, but there are still some pitfalls to watch out for. To av...
08.11.2013 Posted in Employment
Skeletons in the Closet – Misrepresenting Convictions
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 c...
08.11.2013 Posted in Employment
Job Application Forms and Questions – Have you been sterilised?
A job application form seems so simple, however they can be harder to make legally compliant than you might think. In the Media An extreme example recently reported by Fairfax Media was a series of ...
07.11.2013 Posted in Employment
Can you deduct from an employee’s wage? It’s not as easy as you may think.
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 to the employee or if the employee owes you...
07.11.2013 Posted in Employment
A Pregnant pause
A pregnant pause In March 2013, The Observer reported that: “one in seven women surveyed had lost their job while on maternity leave; 40% said their jobs had changed by the time they returned, with ...
30.07.2013 Posted in Employment
Replacement Workers – Are the times (and the law) changing?
Replacement Workers – Are the times (and the law) changing? On 13 June the Employment Relations (Continuity of Labour) Amendment Bill was drawn from the ballot of private members’ bills, meaning t...
30.07.2013 Posted in Employment
The Employment Relations Act Gets a Makeover
The Employment Relations Act Gets a Makeover In the March 2013 edition of Employment News, we mentioned that the Government was to introduce a new Bill to amend the Employment Relations Act 2000 in se...
30.07.2013 Posted in Employment
Make time for tea – do your employees take their breaks?
Most employers are now cognisant that employees are entitled to rest breaks and meal breaks during the employee’s working hours. What may not be so clear are the employer’s obligations to inform a...
11.07.2013 Posted in Employment & Health & Safety
Shaking it up at Fonterra
Who knew that Fonterra employees were such dedicated followers of internet trends? The dairy giant has once again found itself embroiled in employment litigation over a social media craze. Back in 201...
04.07.2013 Posted in Employment
A Lot of Ink Gets Used on Tattoos
Subject to any guidelines, agreement, or policies to the contrary, an employee is allowed to turn up to work wearing an ugly tie or with a horrific haircut. An employee’s appearance, is, within reas...
04.07.2013 Posted in Employment
Redundancy – Employer Judgement or Court Judgment?
Four recent decisions of the Employment Court have found the employers’ reasons for redundancy wanting, and have consequentially held the dismissals to be unjustified. Rittson-Thomas t/a Totara ...
04.07.2013 Posted in Employment
Must an employer offer redeployment to employees who would otherwise be redundant?
The answer is not so straightforward
04.07.2013 Posted in Employment
Pre-Employment Assessments – Employed or not Employed: that is the question
Are pre-employment assessments possible or has an employee already entered into employment?
11.06.2013 Posted in Employment
Changes at the Employment Court
Judge Barrie Travis Judge Travis, a long-serving Judge of the Employment Court in Auckland, retired at the end of 2012. A member of the Court since 1989, Judge Travis has been responsible for some of ...
08.03.2013 Posted in Employment
Legislation Update
Given the summer holiday, one would expect little to report in the way of proposed legislative changes to employment law.  The Government clearly didn’t get that memo!  Since November, it has anno...
08.03.2013 Posted in Employment
Court rules competing rights trump religious belief at work
Recently, the European Court of Human Rights (“ECHR”) ruled on claims brought by four applicants based upon what they saw as discrimination against them in their workplaces on the grounds of relig...
08.03.2013 Posted in Employment
KiwiSaver V Minimum Wage – It’s a Knockout!
In the recent decision of Faitala v Terranova Homes & Care Ltd, the Employment Court firmly rejected an employer’s position that it was entitled to deduct the employer’s compulsory KiwiSaver c...
08.03.2013 Posted in Employment
Tomorrow Doesn’t Work for Me, Nor Does Any Other Day – Let’s Just Not Bother: An Employee’s Refusal to Attend a Disciplinary Meeting
We are quite often asked what to do if an employee just won’t turn up to a disciplinary meeting.  Do you have to delay forever? Can you box on and hold the meeting without the employee in question?...
08.03.2013 Posted in Employment
Don’t Let the truth get in the way of a good story
DON’T LET THE TRUTH GET IN THE WAY OF A GOOD STORY The New Zealand Herald reported on 21 January 2013 about a manager at Independent Liquor (referred to using the Bond-esque title “Mr X”) who wa...
08.03.2013 Posted in Employment
Public Sector Changes – Protection, Control and Redundancy
The State Sector and Public Finance Reform Bill was introduced to Parliament in late August, and is currently awaiting its first reading.
26.10.2012 Posted in Employment
Employee Benefits – which Employer carries the can?
When a ‘vulnerable’ employee elects to transfer employers under Part 6A of the Employment Relations Act 2000 (“Act”), all their employment entitlements transfer with them.  The new employer b...
26.10.2012 Posted in Employment
Whats Up with Constructive Dismissal
In a matter of months the Minister of Labour has stated that she intends to review the law regarding constructive dismissal, a couple of constructive dismissal cases were reported in the media, and Ch...
26.10.2012 Posted in Employment
Crest Cleaning Refuses to Transfer Vulnerable Employees
Either Crest Commercial Cleaning (“Crest”) are on a crusade against Part 6A of the Employment Relations Act 2000 (“Act”) or Part 6A has unfairly rallied against Crest.  The object of Part 6A ...
26.10.2012 Posted in Employment
Carter Holt Harvey Limited v McAuley
Fixed Term Employment Agreements Section 66 of the Employment Relations Act 2000 (“ERA”) allows an employer to employ an employee for a fixed term. There are, however, various prerequisites, set o...
11.08.2012 Posted in Employment
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