RESTRUCTURINGS – IS CONSULTATION ALWAYS REQUIRED?
Good Faith Obligation In New Zealand, any proposal that could have an adverse effect on an employee’s employment requires the employer to provide the potentially affected employee with access to all information relevant to that proposal. It is also a requirement to provide the employee with an opportunity to comment on such information. These are […]
WORLD MENOPAUSE DAY – A REMINDER TO DO BETTER
World Menopause Day is held each year on 18 October. Did you celebrate? Commiserate? Do you know what menopause is? Do your employees know what it is? Did you know that around eight out of 10 people who have a menstrual cycle will experience menopausal symptoms and that these can last between four and eight […]
New Legislation Aims to Safeguard Migrant Workers: Worker Protection Bill Explained
The Worker Protection (Migrant and other Employee) Bill was recently passed into law. The law is said to be a significant step toward ensuring the rights and well-being of migrant workers. The legislation is a crucial component of the Government’s broader initiative to combat various forms of labour exploitation, backed by a substantial $50 million […]
Restructuring? Think About Redeployment Obligations Early!
The Employment Court has provided a timely reminder about an employer’s obligations to consider redeployment of an employee following the disestablishment of their role. New Zealand Steel Ltd v Haddad [2023] NZEmpC 57 concerned a 2019 restructuring, in which Mr Haddad’s role was disestablished and three new similar roles were created. Mr Haddad applied for […]
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 […]
