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...

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...

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 ...

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 ...

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...

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...

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.

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.

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...

By business hibernation we mean the temporary, self-enforced, suspension of a business.

In May 2021, the Government announced the introduction of a new Fair Pay Agreement system.

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 ...

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...

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...

Henry has received the following recommendations and commentary in the high-profile Asia-Pacific Chambers Legal Directory for 2022

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...

Court of Appeal Overturns Employment Court’s Decision in Sandhu v Gate Gourmet

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.

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...

From Saturday 24 July 2021, the minimum entitlement to sick leave increases from 5 to 10 days in each entitlement year.

Workers in the construction industry are frequently engaged as independent contractors.

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.

There have been calls for an amendment of the Holidays Act 2003 (Act) for some time.

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.

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...

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...

The Privacy Act 2020 creates a new requirement to report serious privacy breaches, as from 1 December 2020. 

The COVID-19 situation is a rapidly changing beast. 

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.

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...

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...

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...

Employment Issues and COVID-19 – Updated 1 April 2020

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...

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...

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...

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, ...

Just a quick note from the Hesketh Henry Employment team about what’s on the horizon:

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 ...

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.

Employers are often met with complaints of bullying and stress as soon as performance management commences.

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.

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.

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.

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.

Confusion continues to reign supreme in the application of trial periods.

Shops can now open on Easter Sunday

If you are planning on terminating under a trial period, we strongly suggest that you seek legal advice first

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

Summary dismissal, that is, dismissal without notice, may arise in relation to serious misconduct, and sometimes where misconduct is repeated

Transferring public holidays

Which type of employment agreement should you be using?

What is a formal warning?

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:

The Employment Standards Legislation Bill (Bill), recently introduced to Parliament by the Government, proposes a raft of changes across employment legislation.

Holding a union delegate responsible for 66 bottles of beer can be discrimination.  So says the Court of Appeal.  Is discrimination the new frontier?

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...

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...

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...

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...

The term ‘Mondayised’ sounds more intimidating than it really is.

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...

Suspending an employee is not as straightforward as many employers may think. In this article, we guide you through the legalities in New Zealand.

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...

Businesses should take the opportunity to ensure they have a clear policy in place which outlines their position regarding social media.

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...

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...

An employment relationship commences with an offer and acceptance of employment. 

When restructuring a business, it is important to pay particular attention to employees whose employment may be affected while they are on parental leave.

We expunge some of the myths.

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...

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�...

If, as an employer, you have gifting policies, now is a good time to remind employees of their content.

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...

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...

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 ...

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...

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 �...

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...

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 ...

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...

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...

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...

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...

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...

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 ...

The answer is not so straightforward

Are pre-employment assessments possible or has an employee already entered into employment?

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 ...

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...

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...

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...

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?...

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...

The State Sector and Public Finance Reform Bill was introduced to Parliament in late August, and is currently awaiting its first reading.

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...

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...

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 ...

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...