Fair pay agreements: are you prepared?

The biggest change in New Zealand’s employment relations landscape in 20 years, in the form of the Fair Pay Agreements Act 2022, came into effect today. The Fair Pay Agreements Act 2022 sets up a framework for bargaining fair pay agreements (FPAs) that, once in place, will specify industry or occupation-wide minimum employment terms. Summary […]

Court finds Uber Drivers are Employees

In the recent decision of E Tū Inc & Anor V Rasier Operations Bv & Ors [2022] NZEmpC 192, the Employment Court found that four Uber drivers were employees of Uber, not independent contractors. Two unions had sought declarations on behalf of the drivers that the real nature of their relationship with Uber was one […]

Trend of Increasing Awards Continues

Two recent decisions of the Employment Relations Authority and Employment Court show a renewed willingness to provide increasing remedies under section 123 of the Employment Relations Act 2000. The first is a decision of the Employment Relations Authority, Andrews v Chief Executive of the Inland Revenue Department. Ms Andrews is a customer services officer for the […]

Annual Holidays during 2020 Covid-19 Lockdown – Carter Holt Harvey v E Tū

Employment Court rules employers were not entitled to require employees to take annual holidays during the 2020 Covid-19 Lockdown. The Employment Court has ruled that Carter Holt Harvey LVL Limited (Carter Holt LVL) was not entitled to require its employees to use their annual holidays entitlements during the 2020 Covid-19 Lockdown because it did not […]

Protected Disclosures Legislation Imminent

New legislation regarding protected disclosures is coming into force on 1 July 2022. The Protected Disclosures (Protection of Whistleblowers) Act 2022 will repeal and replace the current Protected Disclosures Act 2000. Government consultation on the Protected Disclosures Act 2000 had indicated weaknesses with and confusion around the current legislative regime, and that processes for disclosing […]