Article written by John Farrow, Partner at Anderson Lloyd, featured in Otago Daily Times. WORKPLACE Relations Minister Brooke van Velden recently announced moves to simplify holiday and sick leave entitlements. Van Velden announced that the much-criticised Holidays Act 2003 will be repealed and replaced with ...

Workplace Relations and Safety Minister Brooke van Velden has announced Cabinet has agreed to repeal and replace the Holidays Act 2003 with a new Employment Leave Act. Van Velden released the proposed changes and advised the ambition to pass a new Act by the end ...

While New Zealand employment law offers protections for pregnancy, childbirth, and breastfeeding, it remains silent on other critical aspects of health that significantly impact the lives of those impacted. While New Zealand employment law offers protections for pregnancy, childbirth, and breastfeeding, it remains silent on ...

The recent decision of the Chief Executive of the Ministry of Business, Innovation and Employment (MBIE) and Hairland Holdings Limited raises some interesting issues. The Court of Appeal delivered a split decision with MBIE being successful on appeal. The facts Hairland Holdings Limited (HHL) operates ...

A recent Employment Relations Authority determination highlights the importance of considering any changes in circumstances, such as employee resignations, during a restructure. It is also a reminder to avoid letting factors that haven’t been consulted on form part of the decision making. Facts Mr Penny ...

Many employment agreements for waged employees include a provision for minimum hours of work per week. However, is an employer required to pay an employee for the minimum hours when the employer provides the employee fewer than the minimum hours agreed in the employment agreement? ...

In our last issue of Vital., we discussed different types of employee absenteeism and how employers can manage this. A recent determination in the Employment Relations Authority serves as a reminder of what employers' obligations are when they have evidence to suggest an employee may ...

Recent case law has highlighted once again how costly it can be for an employer to breach the privacy of an employee. Privacy hit the spotlight ten years ago when the Human Rights Review Tribunal (the HRRT) awarded $168,000 in remedies for a significant privacy ...

James Cowan recently spoke with Lisa Owen on RNZ’s Checkpoint about flexible working arrangements. The following article, originally published by RNZ, captures the key points from that conversation.   Employees with casual agreements to work from home may still have a case for not coming ...

Article written by James Cowan, published by Otago Daily Times  There are many differing opinions about the benefits and drawbacks of flexible working. It is now common for businesses to operate hybrid and work-from-home models. But perhaps the tide is turning. Employers are beginning to ...

Article written by John Farrow, published by Legalwise. The recent decision of the Chief Executive of the Ministry of Business, Innovation and Employment (MBIE) and Hairland Holdings Limited (HHL) raises some interesting issues The Court of Appeal delivered a split decision with MBIE being successful ...

Article written by John Farrow for Otago Daily Times. The government’s recent reforms of pay equity legislation have certainly stirred up a hornets’ nest. It has defended the rushing through of these reforms to provide legal certainty on claims involving women’s pay. However, opponents have ...

A recent change to the Employment Relations Act clarifies the expectations on employers to retain and provide employment agreements. Meanwhile, a Bill has passed through Parliament under urgency to reform the pay equity process Employment agreement changes Under the Employment Relations Act 2000 (the Act), ...

"Convoluted and confusing" is how Workplace Relations and Safety Minister Brooke van Velden has described the 30-Day Rule in her announcement that it will soon be scrapped. The removal of the union related rule is amongst other proposed changes aimed at making employers' lives easier ...

Between the coalition government, and individual members bills, there have been a number of employment related legislative changes proposed recently. Below is a quick reminder of what has been announced, and where you can find out more Unjustified dismissal income threshold The coalition government intends ...

Providing accommodation to employees often means an employer assumes a dual role as both employer and landlord. Because accommodation is tied to the employment, this can create additional legal complexities Service tenancies are governed by the Residential Tenancies Act 1986 (RTA).  Below are recent examples ...

A wave of immigration changes are rolling in throughout 2025, following the government’s December 2024 announcements Immigration Minister Erica Stanford has made the government's intentions clear: "Our focus remains on attracting more higher-skilled workers while managing migration levels responsibly, so New Zealand has access to ...

Commercial reasons behind a redundancy are a matter for the employer's judgement, but a recent Employment Relations Authority determination highlights that the genuineness behind a restructure can still be scrutinised The employer's decision to make an employee redundant was found to constitute an unjustified dismissal ...

Employment disputes are dealt with through a number of mechanisms, largely governed by the Employment Relations Act 2000 If a personal grievance cannot be resolved between the parties, the usual next step is mediation. Mediation is provided by the Ministry of Business Innovation and Employment ...

The Public Service Commission recently reported the average number of work-from-home days for staff at the Ministry for Ethnic Communities is 2.2 per week, followed by 1.8 at Land Information NZ, 1.7 at Statistics NZ, 1.7 at the Inland Revenue Department and 1.6 at MBIE.[1] ...

A reminder of the importance of good employee record keeping In New Zealand, all employers must meet certain employment standards as governed by the Employment Relations Act (ERA). These standards include the rights for employees to be paid at least minimum wage under s 6 ...

The Crimes (Theft by Employer) Amendment Bill has now received royal assent and become law – so what does this actually mean? The Bill was initially introduced into parliament by Labour MP Ibrahim Omer in the previous Parliamentary term, however it did not progress. Labour ...

Column written by John Farrow and published in the Otago Daily Times on 24 February 2025 In July last year I wrote about the government’s plans to reform the Holidays Act and legislative amendments to clarify the employment status of contractors. Targeted consultation has since ...

Employers must have made it onto Santa's nice list this year, with the coalition government proposing several changes to the Employment Relations Act 2000 that will limit employees' ability to raise personal grievances and the remedies available Protected exit discussions The first of three proposed ...

Column written by James Cowan and published in the Otago Daily Times on 9 December 2024 It has now been more than two years since New Zealand’s whistleblowing legislation was revamped in the Protected Disclosures (Protection of Whistleblowers) Act 2022. Some pundits predicted an increase ...

2024 has been a big year for the topic of mental health in the workplace, with several decisions out of the employment jurisdiction attracting media attention. We summarise some of those decisions and their significance in this article as a chance for employers to reflect ...

Generally, employees have a 90-day limitation to raise a personal grievance claim. But can employers breathe a sigh of relief once the 90 days have passed? Personal grievances are the primary vehicle under New Zealand legislation for employees to raise claims about the decisions or ...

In November 2023, the newly elected government outlined the priorities for its thee-year Parliamentary term in two coalition agreements – one between the National Party and the New Zealand First Party, and another between the National Party and the ACT Party While both agreements set ...

In 2022 the Land Transport (Drug Driving) Amendment Act 2022 was introduced to contemplate roadside oral fluid testing for substances including a new list of prescription medications. At the time, the amendment could not be implemented due to a number of practical considerations including the ...

A full Employment Court has released a judgment providing guidance on how the Employment Relations Authority and Employment Court should approach non-publication orders in the future [1] The case arose from a challenge to an Employment Relations Authority (Authority) decision where the Authority had made ...

Changes to the Holidays Act have been long overdue given how unworkable the existing legislation is.  Targeted consultation on a draft bill began in September, but exactly where that has landed is anyone's guess What we currently know is that the requirement to pay annual ...

The Privacy Amendment Bill will, if enacted, amend the Privacy Act 2020 by introducing Information Privacy Principle 3A taking effect from 1 June 2025 IPP 3A focuses on the collection of personal information from someone other than the individual concerned. IPP 3A requires obligations in ...

The Employment Relations (Employee Remuneration Disclosure) Amendment Bill ('the Bill') has survived its first reading and will now go to Select Committee. The Bill, if enacted, would protect employees from being subject to 'adverse conduct' for discussing and / or disclosing their remuneration to others ...

Column written by John Farrow and published in the Otago Daily Times on 21 October 2024 Public Service Minister Nicola Willis recently announced that the government wanted to see more public servants come into their place of work each day, and is taking steps to ...

The Workplace Relations and Safety Minister has signalled upcoming changes to the Employment Relations Act 2000 On 15 September 2024 the Workplace Relations and Safety Minister (WRS Minister) said there would be upcoming changes to the Employment Relations Act 2000 (Act) to provide a new ...

Shared from Otago Daily Times. Published on Monday, 2 September 2024.  THE latest attempt to overhaul the hugely problematic Holidays Act has run into fresh delays. The existing legislation is so unworkable that hundreds of thousands of employees have been underpaid by billions of dollars ...

One of the main benefits of engaging staff on a casual basis is the ability to simply stop offering them future work without it constituting a 'dismissal'. There are however certain instances where a casual employee could be successful in raising an unjustified dismissal claim. ...

Offering new employment can be a risky business. Sometimes an employer backs out of discussions with a prospective employee without realising their words or actions have already given rise to an offer of employment. In other circumstances, an employer might intend make an offer of ...

For what seems like an eternity we have been waiting for an overhaul of the Holidays legislation. Employers and Employees want legislation that is easily applied, understood and not at all complex. But the Holidays Act has been a political football since 2011 with no ...

An employee who resigned after 'repeatedly putting her employer on notice of her need for some flexibility, and the medical issues she was facing in relation to her pregnancy,' has recently been awarded $20,000 for a successful constructive dismissal claim. Facts Ms Caldeira was employed ...

A recent Employment Court decision involving Associate Professor Siouxsie Wiles from the University of Auckland has highlighted the challenges faced by academics who engage in public discourse and the responsibilities of their employers in ensuring a safe working environment. As the COVID-19 pandemic arrived in ...

We are increasingly being asked to advise on issues involving the crossover of employment law and human rights or anti-discrimination laws. One question we get is whether gender, or gender identity, is a prohibited ground of discrimination in the Human Rights Act 1993 (HRA), and ...

The Court of Appeal grants leave to determine the scope of section 103(3) Employment Relations Act 2000. The Employment Relations Act 2000 (Act) differentiates between personal grievances – defined in section 103(1) and including unjustified dismissal and unjustifiable actions relating to one or more conditions ...

A warning to all "well-resourced" employers. The recent Employment Court judgment in E tū Incorporated v Singh [2024] NZEmpC 84 is a reminder that large and well-resourced employers will be held to a higher standard. What also naturally follows is that smaller and less-well-resourced employers ...

Article written by John Farrow and published in the Otago Daily Times on 27 July 2024. The coalition government has released its Q3 action plan (July 1 to September 30, 2024). The plan includes beginning public consultation on reform of the Holidays Act and deciding, ...

When your business applied for accreditation it made several commitments to Immigration New Zealand (INZ). Compliance with these commitments is essential to accreditation being maintained and renewed. Please ensure that you complete and track all of the below. Guaranteed hours All AEWV holders must be ...

Ashley-Jayne Lodge, Employment partner at Anderson Lloyd, was interviewed recently by the NZ Law Society about her role on the Employment Law Committee. Christchurch based Ashley-Jayne (AJ) Lodge is enthusiastic about her work as part of the Law Society’s Employment Law Committee. A partner at ...

On 9 May 2023 a 15 year old student of Whangārei Boys High School died on a school trip to Abbey Caves. Almost a year later WorkSafe has laid charges against the Board for health and safety failings under the Health and Safety at Work ...

Article written by John Farrow and published in the Otago Daily Times on 4 May 2024. There has been increasing focus on the impact of workplace culture on employees’ mental health. The negative impacts of workplace culture are often termed ‘‘ psychosocial risks’’ . These ...

Employee resignations – when can an employer rely on a resignation and are cooling off periods still recommended? An update. Resignations are part and parcel of employment, and often occur without an issue. However, an employer can be left in a precarious situation when an ...

The recent decision of Cronin-Lampe v Melville High School highlights employers' obligations in respect of employees' mental health, and particularly those who have inherently stressful or emotional jobs. The $1.79m award sends a big warning to employers about the potential consequences of failing to meet ...

A recent Employment Relations Authority case, RDJ v SGF [2023] NZERA 462, clarifies and provides a useful reminder of an employer's obligations when an employee requests family violence leave.  It is also an opportune time to reflect on those obligations, with 1 April 2024 being ...

The first 100 days for the new government has recently ticked over, so let's take a look at what changes have been made, and what changes are in the pipeline. Changes to date The government has already delivered on two of their election promises. The ...

The Employment Relations Authority has awarded $100,000 to an employee in the recent case Parker v Magnum Hire Limited & Field,[1] illustrating that the Authority is prepared to make significant awards against employers who do not provide their employees with a safe workplace. Background Mr ...

The Court of Appeal has issued a judgment articulating how the minimum wage rates apply to a part-time, salaried employee.   Mount Cook Airline Limited v E Tū Incorporated [2024][1] overturns a previous Employment Court ruling on how the minimum wage rates should be applied.  Mount Cook ...

While an employee cannot bring a personal grievance or legal proceedings in respect of a dismissal under a valid trial period, this does not prevent the employee from being able to bring a claim at all. In this article we touch on the requirements to ...

This article by John Farrow, Employment Partner at Anderson Lloyd, was recently published in the Otago Daily Times.  In a recent ruling of the Employment Relations Authority, in Wellington, The Athletes’ Co-operative Incorporated were given the go-ahead to initiate collective bargaining with High Performance Sport ...

Perry v The Warehouse Group Limited is the latest decision from the Employment Relations Authority to deal with employer obligations where an employee raises mental health concerns. As we head into the new year, the decision serves as a reminder for employers about their obligations ...

This alert discusses the recent 90-day trial period announcement from the government, and how this applies to migrant workers on an Accredited Employer Work Visa (AEWV). 90-day trial periods A 90-day trial period can be used by employers to determine whether a new employee is ...

John Farrow, Partner at Anderson Lloyd, recently wrote the below employment article which was published in the Otago Daily Times.   The coalition government’s 100-day plan includes an expansion of 90-day trial provisions to all businesses. At present, only businesses with fewer than 20 employees ...

Recent health and safety prosecutions have kept it in the family. Two health and safety cases involving prosecuting individuals have resulted in vastly different outcomes. In this case round-up we outline the family business affairs that have recently been the subject of WorkSafe's attention. The ...

Two recent decisions out of the Employment Relations Authority provide practical insight into how employers should navigate scenarios relating to an employee's mental health and their fitness to work. McKenzie v Tranzurban [2023] NZERA 303 involved an employee who had been off work for several ...

The legalities of the employment relationship are tricky at the best of times. When the employee and employer are family or in a personal relationship, things can get even trickier. It is relatively common in New Zealand for someone to have their kids or partner ...

For those of you familiar with confidential Records of Settlement, a mutual non-disparagement clause is common.  MBIE's template Settlement Agreement includes it as a matter of course. However, employers and employees alike should carefully consider both the advantages and disadvantages of including such a clause. ...

From late October 2023 accredited employers will need to commit to not using 90-day trial periods for Accredited Employer Work Visa (AEWV) holders. 90-day trial periods A 90-day trial period can be used by employers to determine whether a new employee is suitable for the ...

At the time of writing the Country still does not have a new Government. What we do know is that 5 long years after the initial review of the Holidays Act by the Taskforce we are no closer to seeing real change to the Holidays ...

In a previous newsletter, we discussed situations where an employee can justifiably be disciplined for behaviour outside of work.  Specifically, the employer must determine whether a link exists between the conduct and the employment, whether the conduct could bring the employer into disrepute, and whether ...

As a team, we have noticed an influx of employee abandonment scenarios for our clients.  The below article explores the concept of abandonment and the process that should be followed. Abandoning employment Abandonment is a situation where an employee is absent from the workplace for ...

[This article was recently published on the HRD website here] The recent finalisation of the National – Act – New Zealand First coalition signals a number of key employment changes on the horizon. Employment law changes The Government has said it will repeal the Fair ...

Article written by John Farrow and published in the Otago Daily Times on 25 August 2023.  When Labour came to power in 2017 it brought with it a raft of employment law changes. Throughout its two terms it continued to implement changes including, perhaps most ...

The general election results are in, but with special votes outstanding, we are still waiting to see which party(s) will form New Zealand's next Government. With how the votes currently stand, we thought it timely to take a look at some of the employment law ...

William Fussey, Associate at Anderson Lloyd, was interviewed by HRD NZ recently for an article on how the Lisa Lewis case highlights legalities of discrimination with recruitment. You may remember Lisa Lewis from the time she ran across a rugby pitch in a bikini that ...

Article written by John Farrow and published in the Otago Daily Times on 17 September 2023. The chief judge of the Employment Court’s recent declaration that Serenity Pilgrim and other woman in the Gloriavale community were employees is vaguely unsettling. It’s not that the decision ...

Rachel Brown, a Senior Solicitor at Anderson Lloyd, was recently featured in an interview by Britomart for their publication Nine Blocks. In this interview Rachel and others share their perspectives on what young professionals are seeking in the workplace in 2023. Rachel is based out ...

Article written by John Farrow and published on the Legalwise website on 25 August 2023. I find something vaguely unsettling about the Chief Judge’s declaration that Serenity Pilgrim and the other Plaintiffs were employees while working on the Teams when resident at Gloriavale. [1] I can’t ...

Article written by William Fussey and published on the ADLS website on 11 August 2023. Now more than ever, the boundaries between a person’s working life and personal life are blurred. The ubiquitous smartphone enables employees to be connected to their work 24 hours a ...

On Parliament's agenda are two new Private Member's Bills which, if enacted into law, will have implications for employees' parental leave and KiwiSaver entitlements. Parental Leave and Employment Protection (Shared Leave) Amendment Bill The Parental Leave and Employment Protection (Shared Leave) Amendment Bill was plucked ...

Fair Pay Agreements (FPA) are sector-wide agreements which set minimum entitlements for all employees within the FPA's scope. The Fair Pay Agreements Act 2022 came into force on 1 December 2022. The coverage of a Fair Pay Agreement can be based on a type of ...

New laws provide employees with an extended timeframe of 12 months to raise a personal grievance claim in cases of sexual harassment. The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill has now come into force. The new law introduces two ...

The Employment Court's long-awaited decision of GF v Customs[1] has found that Customs unjustifiability dismissed an unvaccinated Port worker, reversing the Employment Relation's Authority 2021 finding. The case has also provided interesting insight into the incorporation of tikanga in the employment relationship, and what the ...

The Employment Relations Authority and Employment Court have recently released decisions regarding unvaccinated employees, providing valuable insight into an employer's legal obligations amidst the challenging landscape of the Covid-19 pandemic and vaccination requirements. Thoms v Royal New Zealand Foundation of the Blind Incorporated[1] Sue Thoms, ...

As businesses continue to grapple with the current economic uncertainty, we are consistently being asked to advise on a range of restructures and their resulting employment terminations.  Amidst a threat of lower profits and rising costs, we are seeing many businesses responding by re-evaluating the ...

In a ground breaking move, Australia has implemented new laws to address psychosocial risks in the workplace.  While the term "psychosocial risk" may evoke images of bullying and harassment, in reality it encompasses a broader spectrum of factors that can adversely affect employees' mental health. ...

Background To qualify (and maintain) employer accreditation, key people within an organisation must not have employed anyone who is ineligible to work under the Immigration Act 2009. Also, these key people must not have provided false or misleading information to Immigration New Zealand (INZ), or ...

William Fussey, Associate at Anderson Lloyd, talked to HRD Magazine recently about Fair Pay Agreements (FPA) and what employers need to know. Fair Pay Agreements (FPA) have become a polarising issue as the road to this year’s general election unwinds. This week BusinessNZ released an ...

Article written by John Farrow and published in the Otago Daily Times on 20 June 2023. The Employment Relations Authority has exclusive jurisdiction to deal with employees' personal grievances. If an employee who has been dismissed wishes to challenge that dismissal, the challenge can only ...

The House of Representatives will soon meet for its first debate on the Crimes (Theft by Employer) Amendment Bill. If passed into law, the Crimes Act 1961 will be amended to criminalise employers who withhold their employee's monetary entitlements. The Bill was introduced as a private ...

Kelly Thompson shares her insight about an employee’s behaviour outside the workplace in an article published in Legalwise on Wednesday 12 April 2023. Yes, an employee’s conduct outside the workplace can give rise to disciplinary action in some circumstances, but not all. There must be ...

Background The Immigration Act 2009 (IA) does not allow a Working Holiday Maker (WHM) to take up permanent employment. However, the Employment Relations Act 2000 (ERA) requires a genuine reason based on reasonable grounds for a fixed-term employment contract. This creates confusion for employers who ...

HRD Magazine spoke to Anderson Lloyd associate Rebecca Laney for this article. Queenstown employers are turning landlord as they rent and buy houses for staff to live in. In the face of an acute housing crisis, business leaders in Queenstown are taking the drastic step ...

If an employee does not work their notice period, an employer cannot utilise a deduction clause without consultation and written consent. Even if an employment agreement contains an appropriate and reasonable deduction clause for unworked notice periods, section 5 of the Wages Protection Act 1983 ...

As the economic landscape becomes more uncertain, there are various factors employers need to consider when making workers redundant.  In order to safeguard against a personal grievance, employers need to ensure their process is substantively fair. However, there are also various economic factors employers should ...

An employee's conduct outside the workplace can give rise to disciplinary action in some circumstances, but not all.  There must be a link between the misconduct and the work environment. The tricky part in these types of cases is often establishing whether that link exists.  ...

A worker generally has a "90 day period" to bring a claim against their employer but there are exceptions to this rule. When would the court be likely to grant an exemption to the 90 day rule?  Section 114 Employment Relations Act 2000 (Act) says ...

If your business employs migrant workers, or would like to do so, it is important to understand how the requirements for employers have changed. The Accredited Employer Work Visa (AEWV) framework has replaced most work visa categories in New Zealand. Unlike previous frameworks, the AEWV ...

Background Extreme weather events such as Cyclone Gabrielle have created significant destruction for several North Island communities. This has resulted in a substantial demand for occupations like engineers, insurance assessors and construction workers to help with the recovery. Immigration New Zealand (INZ) has acknowledged that ...

The pandemic has prompted its share of workplace challenges, motivating employers to come up with new ways to attract and retain talent; hybrid working, sign-on bonuses, and fully virtual roles. We are now seeing an upward trend in the supply of accommodation for workers both ...

This article was published in the Otago Daily Times on 20 February 2023 Chris Hipkins, as new leader of the Labour Party, has seized the opportunity to freeze a number of significant initiatives, including the proposed income insurance scheme. At the same time, he announced ...

It started in the tech industry last year when globally an estimated 120,000 layoffs were made by some of the world’s largest tech companies. Meta, Amazon, and Netflix all cut thousands of roles and Google continued the trend in the first month of 2023 announcing ...

The Authority has granted an Interim Order to fix pay equity rates for nurses – an Order that was mutually consented to by Te Whatu Ora (Health New Zealand) and the New Zealand Nurses Organisation Inc (NZNO). The Authority cited their powers under section 160 ...

Are you considering employing young workers in your workplace? A recent health and safety prosecution reminded us that New Zealand has several laws and restrictions regarding how and when young workers can work. Health and safety restrictions WorkSafe NZ v Ironhide Roofing Limited A recent ...

As New Zealand continues to grapple with post-COVID economic uncertainty, we are seeing a steady flow of business restructures and resulting employee redundancies. A key, but often overlooked, aspect of a lawful redundancy process is the consideration of redeployment – whether there are any other ...

On 29 September 2022, the government introduced the Worker Protection (Migrant and Other Employees Bill) into Parliament. The bill aims to improve the efforts in preventing migrant worker exploitation by strengthening current measures and introducing new ones. Priyanca Radhakrishnan, Associate Minister for Workplace Relations and ...

How do you dictate your employee's hours of work and do they require compensation for remaining available for overtime? Hours of work clauses come in all shapes and sizes, because the labour needs of employers varies so significantly.  When it comes to working hours, some ...

With the countdown to Christmas holidays well and truly underway and with so many employers wondering whether they will have sufficient staff available to work over the summer period it is timely to provide employers with certainty around their legal obligations to ensure their existing ...

How will it work? An eligible Union can initiate bargaining if the proposed coverage area is clearly defined and it meets the Representation Test or the Public Interest test. Coverage There are two options: the industry or type of industry (for example, an FPA that ...

A recent decision from the Employment Court decision presents a new approach to "cooling off periods."  Traditionally, and in order to minimise the risk of a personal grievance of unjustified dismissal, the prudent employer would allow an employee who had resigned "in the heat of ...

Sometimes organisations need to onboard someone quickly to fill an unexpected gap.  In the rush, it is important to remember the Children's Act 2014 requires government funded organisations to safety check all children's workers before they are employed or engaged.  These checks have to be ...

Column written by John Farrow and published in the Otago Daily Times on 4 November 2022. The chief judge of the Employment Court has recently delivered a landmark decision finding that four Uber drivers were employees of Uber. While the finding is only in respect ...

On 29 September 2022, the government introduced the Worker Protection (Migrant and Other Employees Bill) into Parliament. The bill aims to improve the efforts in preventing migrant worker exploitation by strengthening current measures and introducing new ones. Priyanca Radhakrishnan, Associate Minister for Workplace Relations and ...

New Zealand will acknowledge the long and dedicated service of Her Majesty Queen Elizabeth II with a one-off day of commemoration on Monday 26 September 2022. The day is to be known as Queen Elizabeth II Memorial Day. Legislation has been rushed through Parliament this ...

The Government has announced that as of Tuesday 13 September, the COVID-19 Protection Framework will be gone. Two weeks later, all Government vaccination mandates will also be removed. The COVID-19 Protection Framework (more commonly known as the traffic light system) has been removed. The Government ...

A bill before Parliament seeks to extend the timeframe for raising personal grievances from 90 days to 12 months. Submissions to the Select Committee on the bill outline why the current timeframe is failing sexual harassment victims. An employee currently has 90 days to raise ...

Supreme Court confirms the position Employment problems are commonly resolved by way of a special settlement agreement prepared pursuant to section 149 of the Employment Relations Act 2000 (Act). These "records of settlement" require sign off from an agent of the Ministry of Business, Innovation ...

With a number of legislative changes on the horizon, we expect another busy year for employment law.  We set out below the expected legislative updates. Fair Pay Agreements Bill The Government has introduced a comprehensive Fair Pay Agreements Bill (the FPA Bill) into Parliament. The ...

Recent legislative updates facilitate and afford individuals specific protections around whistleblowing of serious wrongdoing in or by an organisation. On 1 July 2022, the Protected Disclosures Act 2000 (the 2000 Act') was replaced by the Protected Disclosures (Protection of Whistleblowers) Act 2022 (the 2022 Act).  ...

The Employment Court has found two senior Smiths City employees breached their employment agreements and duties of fidelity for engaging in business activities that directly competed with Smiths City while employed.[1] Mr Claxton Mr Claxton was employed by Smiths City as Flooring Manager.  While employed, ...

The Employment Court has issued another ruling regarding employer obligations during the 2020 Alert Level 4 lockdown.[1] The Court held that Carter Holt Harvey Ltd acted in breach of the Holidays Act 2003 when it required employees to use annual leave without first attempting to ...

Since 1996, the Secondary Teachers' Collective Agreement (SCTA) has contained a provision stating that where teachers are required to attend school or elsewhere when the school is "not open for instruction", they are to be reimbursed for any actual or reasonable costs incurred.[1] 26 years ...

The employee vs contractor debate continues.  The Tripartite Working Group of unions, employers and government has recommended law reform to address the employee/ contractor boundary issue. Public consultation took place in late 2019 and early 2020 seeking feedback on improving outcomes for: workers who have ...

The District Court has ruled that a woman subject to workplace bullying was entitled to ACC cover in connection with her work-related mental injury.[1] This begs the question of whether bullied employees who receive ACC cover for mental injury are still entitled to compensation under ...

A palliative care nurse employed by the Wairarapa District Health Board (DHB) was dismissed after an investigation revealed she had posted anti-vaccination advice and information on Facebook, as well as criticisms of the government's response to COVID-19. The Employment Relations Authority recently held the dismissal ...

On 4 July 2022, the new Accredited Employer Work Visa (AEWV) came into effect. This means that employers seeking to hire migrant workers need to become an "accredited employer" before they can hire a migrant worker. With New Zealand's boarders fully re-opening on 31 July ...

Whether a worker is legally considered an "employee" is an issue the Employment Relations Authority and Employment Court regularly consider. Employee status is the gateway to an array of statutory entitlements, including minimum wage, sick leave, and annual leave. It follows that where a worker ...

A private member's bill which seeks to restrict restraint of trade provisions in employment agreements has been drafted and is going into the parliamentary ballot. Restraint of trade provisions are commonly used by employers to protect their commercial or proprietary interests, however they are void ...

The Ministry of Business, Innovation and Employment (MBIE) has reversed its advice that employers legally have to pay a worker who is on ACC for a public holiday, now advising that this is generally not the case. In April 2022, MBIE admitted guidance from it ...

This week sees a relaxation of vaccine mandates in both the public and private sector. What does this mean for employers? From 11.59pm, 4 April 2022, the government scraps vaccination mandates, except those in the health and disability sector, prison staff, and border and MIQ ...

There have been a number of recent cases in the Employment Relations Authority and Employment Court dealing with restructuring and redundancy situations flowing from the Covid-19 climate. None of the rulings have been particularly surprising.  As always, the focus of the Authority and Court is ...

Restraint of trade provisions are commonly used by employers to protect their commercial or proprietary interests, but are they always enforceable? Restraint of trade clauses have featured in the media this year in a recent case where the Employment Relations Authority (ERA) ordered political editor, ...

So you have just found out you have accidentally paid an employee $10,000 more than you should have—what can you do? A recent matter gave the author cause to revisit the law of mistaken payments made to employees. It is a surprisingly common situation, and ...

The Employment Relations Authority has recently dismissed an application for interim reinstatement by two employees prevented from attending work unless they were vaccinated. The facts The Employment Relations Authority (Authority) in IOX v QEB[1] considered whether two evening duty managers at tertiary student accommodation should ...

On 23 March 2022 the Prime Minister announced significant changes to New Zealand's COVID-19 response framework. The changes reflect a change in the perceived risk of the virus to New Zealanders. In light of the changes, employers should consider whether their COVID-19 policies remain fit ...

It is not uncommon for employees who are under investigation to claim that they are being bullied or otherwise treated unfairly, and for claims of unjustified disadvantage or unjustified dismissal to arise.   Providing the employer can meet the test of justification, establishing that there were ...

The disruption and uncertainty caused by Covid-19 may lead business owners to think about how to best to engage staff to allow for maximum flexibility.  This is particularly the case for employers where they experienced a sudden downturn in business as a result of Covid-19 ...

The High Court has recently dismissed a judicial review challenge to both the education sector and health and disability sector vaccination mandates. The Court held that the mandates limit on the right to refuse medical treatment were demonstrably justified for both sectors. Background The applicants ...

The Ministry of Business Innovation and Employment (MBIE) has admitted the guidance from it and ACC on who pays an employee on a public holiday when they otherwise would have worked, but are on ACC, has been unclear. ACC's advice is that employers may need ...

 The Fair Pay Agreements (FPA) Bill has been introduced into Parliament, and will now go through a full Select Committee process. The government are hoping to pass it through all stages this year. The purpose of the Fair Pay Agreement (FPA) system is to provide ...

The Government, Business New Zealand and the New Zealand Council of Trade Unions have together proposed a New Zealand Income Insurance Scheme. Here we outline what the scheme is proposing to look like, and how you can have your say. The scheme would operate to ...

WorkSafe has issued its guidance for employers regarding vaccination requirements in the workplace. Read on for what this may mean for your business. In light of the vaccine mandates being narrowed on 4 April, WorkSafe have advised that employers should complete a risk assessment or ...

This article was published in the Otago Daily Times on 25 March 2022 A Dunedin employment lawyer is warning businesses not to "throw out" their vaccine mandates just because the Government has. On Wednesday, Prime Minister Jacinda Ardern announced sweeping changes to New Zealand’s Covid-19 ...

The traffic light system is here to stay, but it will look different. Changes to the settings are taking effect from midnight this Friday, 25 March 2022. Read on for what this may mean for your business. We are currently in the red setting of the ...

From Tuesday 13 April, vaccinated Australians will be able to travel to New Zealand isolation-free.  Two and a half weeks later, vaccinated travellers from visa-waiver countries and those with valid visitor visas will be able to arrive. Prime Minister Jacinda Ardern has announced that as ...

The isolation period for Covid-19 positive cases and household contacts is set to reduce from 10 to 7 days. Critical healthcare workers who have Covid-19 are allowed to return to work on Covid wards if their absence would mean a critical health service would stop ...

John Farrow, Partner at Anderson Lloyd, discusses the decision of Yardley V Minister for Workplace Relations and Safety, which dealt with attempting to mandate vaccination to prevent and limit the risk of, the outbreak of, or the spread of Covid-19. He also discusses the role of ...

Article written by John Farrow and published in the Otago Daily Times on 4 March 2022. That Covid-19 has created employment issues is a huge understatement. Employers and employees alike have been significantly affected. The Omicron variant and isolation requirements are creating new issues. Sick ...

The High Court has held that the Covid-19 Public Health Response (Specified Work Vaccinations) Order 2021 (Order) was not a reasonable limit on the fundamental rights protected by the New Zealand Bill of Rights Act (BORA) and was therefore unlawful[1]. Notably, this Order related to ...

New Zealand has moved into Phase Three of the government's Omicron response plan. Read on for an update on how this might affect your workers. Rapid Antigen Testing Rapid Antigen Tests (RAT) are to be the primary form of testing in the community. Businesses are ...

A new targeted COVID Support Payment will soon be available for businesses struggling with revenue during the Omicron outbreak.  Funding available under the Small Business Cashflow Loans Scheme is also set to increase, and the first two years of interest wiped. COVID Support Payment The ...

On 15 February 2022 at 11:59pm, New Zealand will move into Phase Two of the government's Omicron response plan. Read on for an update on how this may affect your workers. Rapid Antigen Testing Businesses are encouraged to begin using Rapid Antigen Tests (RAT) as a ...

From tomorrow, workers at registered critical services who are vaccinated and asymptomatic close contacts of a COVID-19 case will be able to continue to work, provided they return a negative rapid antigen test prior to each day/ shift they are at work during the isolation ...

With the Omicron variant now in the New Zealand community, the government has amended the COVID-19 Public Health Response (Protection Framework) Order 2021 to tighten up the rules around face-coverings. From 4 February 2022, workers who are required to be vaccinated against COVID-19 (either pursuant ...

Column written by John Farrow and published in the Otago Daily Times on 31 January 2022. There has been a lot of recent publicity about Tova O’Brien’s restraint of trade case. In October last year Ms O’Brien resigned from her position as political editor with ...

The Government has announced a three phase plan aimed to slow down and limit the spread of Omicron. We are currently in phase 1 of the plan, and as case numbers grow, will adjust into phases 2 and 3. Key aspects of the three phases: ...

The Government has updated the mask wearing requirements for New Zealanders while in the Red Traffic Light setting. When are you required to wear a mask? Masks must be worn at food and drink businesses, close proximity businesses, events and gatherings. The existing exception to ...

On 15 December 2021, the COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 2021 came into force, introducing a simplified framework for employers considering whether they can require their workers to be vaccinated. The COVID-19 Public Health Response (Vaccination Assessment Tool) Regulations 2021 (Regulations) set ...

The response to COVID-19 continues to involve the sharing of vast amounts of personal information.   In light of the Government's announcement of the development and use of Vaccine Certificates, sharing and collecting personal information looks set to become part of the new normal of ...

In 2018 the Employment Relations Act was amended to return reinstatement as the primary remedy in unjustified dismissal cases.  The stats on the number of successful reinstatement cases don't show any significant difference between when reinstatement was the primary remedy and when it was not.  ...

Employers nationwide will be breathing a sigh of relief that the Court of Appeal has reversed a controversial decision which found that incentive payments attracted holiday pay, (sometimes referred to as the "rich get richer" decision) The Court of Appeal's highly anticipated decision in Metropolitan ...

The COVID-19 Public Health Response (Vaccinations) Order 2021 (Vaccinations Order) mandates that specific work is to only be performed by vaccinated persons. The High Court has held that the Vaccinations Order is justified. The Employment Relations Authority (Authority) has also declined applications for interim reinstatement ...

The Court of Appeal has reversed a decision of the Employment Court, and confirmed that it is not lawful to make deductions from wages for time not worked as a result of the employer's direction, including where COVID-19 restrictions render the employee unable to work. ...

With the countdown to Christmas holidays well and truly underway, and with so much uncertainty ahead for employers, it is timely to briefly explain and provide employers with some certainty around their legal obligations to ensure employees are correctly paid over the holiday period What ...

The COVID-19 Response (Vaccinations) Legislation Bill was passed by the government under urgency this week, raising serious concerns about the law making process. The move has been strongly criticised by a number of legal commentators, and of course the opposition, as it means the law ...

This has been an exceptionally difficult year for businesses, with most of us required to rapidly implement a series of significant operational changes in order to keep people safe and healthy and to comply with new legislation. Who, in 2019, would have imagined that just ...

The Government has passed legislation outlining the process for terminating unvaccinated employees employment agreements for failing to comply with vaccination requirements. The amendments relate to the termination of unvaccinated employees who have a duty not to perform work unless vaccinated under the COVID-19 Public Health ...

As of 1 December 2021, businesses can use Rapid Antigen Tests to conduct COVID-19 surveillance on workers. This provides extra protection in the workplace by enabling detection before workers become symptomatic. What is Rapid Antigen Testing? Unlike COVID-19 tests administered by healthcare professionals (known as ...

On 3 December 2021, New Zealand moved into the COVID-19 Protection Framework. Northland, Auckland and specified areas of the North Island are now in Red, and the rest of New Zealand into Orange. Vaccination of workers The introduction of the COVID-19 Protection Framework has brought ...

To date there have been three Judicial Review proceedings of the Covid-19 Public Health Response (Vaccinations) Order 2021[1]. All of the proceedings have been unsuccessful. The Decisions have largely followed consistent themes with the first Application advancing a number of the grounds and the latter ...

Article quoting John Farrow, published in the Otago Daily Times on 24 November 2021. A Dunedin restaurant owner is worried customers will take out their frustrations on her staff when the Government’s new vaccine passes come into force in 10 days. It comes after yesterday’s ...

The Government has today released details of impending legislation to be passed this week regarding vaccine requirements for workers under the new COVID-19 Protection Framework system.  Businesses that require vaccine certificates from customers under the incoming COVID-19 Protection Framework system (also known as the traffic ...

Unvaccinated employees who are subject to a mandatory vaccination order will now find it is no longer a simple matter of finding a medical practitioner to certify they should not be vaccinated. It is now mandatory that certain roles only be performed by vaccinated workers. ...

Column written by John Farrow and published in the Otago Daily Times on 1 November 2021. The Government’s recently announced Covid-19 Protection Framework details a Traffic Light system to help manage outbreaks and cases. Vaccine Certificates will be required in sectors such as hospitality and ...

Employers nationwide will be breathing a sigh of relief that the Court of Appeal has reversed a controversial decision which found that incentive payments attracted holiday pay. The Court of Appeal's decision in Metropolitan Glass & Glazing Limited v Labour Inspector, Minister of Business and Innovation ...

In response to concerns from both employers and employees alike, the New Zealand Government has provided guidance on how vaccination certificates operate in the workplace. On 26 October 2021 Minister Woods provided welcome clarification in respect of mandatory vaccinations, announcing a range of measures to ...

Article quoting James Cowan published in the Otago Daily Times on 13 October 2021. Private businesses can make it compulsory for employees to be vaccinated against Covid-19 if they justify the need to do so, employment law specialists say. Earlier this week the Government announced ...

Cabinet has mandated the vaccination of high-risk workers in the health and disability sector by 1 December 2021, and school staff who work with children and students by 1 January 2022. The COVID-19 Public Health Response (Vaccinations) Order 2021 will be updated to reflect the ...

John Farrow, Partner at Anderson Lloyd, shares an overview of the amendment of the Employment Relations Act in 2018 to return reinstatement as the primary remedy in unjustified dismissal cases and the evolving impact this has had on various cases since. In 2018, the Employment ...

Column written by John Farrow and published in the Otago Daily Times on 13 September 2021. A Dunedin law firm has started fielding calls from city businesses raising legal concerns about operating under the new Covid-19 Alert Level 2 rules. Anderson Lloyd partner John Farrow ...

At Alert Level 2 all businesses can open with some restrictions, including physical distancing, use of face coverings and record keeping.  Businesses and services that can open at Alert Level 2 will be legally required to provide safe and secure ways for everyone 12 years ...

As an employer, you're probably considering how best to protect your workforce from COVID-19, including whether you can encourage, or require, employees to be vaccinated. Your duties under the Health and Safety at Work Act (2015) extend to minimising the risks associated with the COVID-19 ...

On 22 August it was announced that mandatory record-keeping is being introduced at all alert levels. From one week after any alert level change that allows more businesses to open, it will become mandatory for certain businesses to ensure people entering their premises either scan-in ...

The Government has made arrangements for free childcare for essential workers in businesses and services that are open during Alert Level 4. The scheme is available to provide care for children aged 0-13 years who are in the care of workers in Alert Level 4 ...

During Alert Level 4 there are a limited number of businesses and services that can continue to operate. Under Alert Level 4 workplaces can only open if they are an Alert Level 4 business or service (as set out in schedule 2 of the COVID-19 ...

Article written by Dunedin lawyer Jessica Higgins, published in the business section of the Otago Daily Times on Monday 23 August. Last Tuesday brought the announcement we were all dreading: New Zealand is moving to Alert Level 4. But we have been here before, we ...

Once again the New Zealand government is supporting employers through lock down with a variety of financial subsidies and support on offer. Applications for the Wage Subsidy are now open, at this stage for a limited period of two weeks. The Wage Subsidy is available ...

A return to Alert Level 4 has lead to a renewal of the financial support available to businesses. The return of the wage subsidy sees an increase to the amount available but also increased obligations on employers including specific obligations to repay the subsidy if ...

Tuesday, 17 August 2021 brought the announcement we were all dreading: all of New Zealand is moving to Alert Level 4. But we have been here before, we got through it, and we learnt from it. For business owners, it is timely to reflect on ...

The Employment Court reinforces the personal nature of employment obligations and its power to determine whether a person is in an employment relationship in Fleming v Attorney-General. In this case the Employment Court issued a judgment considering the employment status of parents acting as fulltime ...

Gate Gourmet off to the Court of Appeal Employees of Gate Gourmet have been given leave to appeal the Employment Court's decision in Gate Gourmet New Zealand Ltd v Sandhu and others. The Employment Relations Authority initially held that Gate Gourmet breached the Minimum Wage Act by ...

The Employment Court has held that despite an initial agreement between the parties that a builder would be engaged as an independent contractor, he was in reality an employee.   In Barry v CI Builders Limited, a verbal agreement suggested that the parties intended to ...

The Employment Relations (Triangular Employment) Amendment Act came into force mid-last year. In the recent decision (Keanu Head v Chief Executive of the Inland Revenue Department) a full Employment Court considered whether the claimants who had entered into employment agreements with Madison Recruitment Limited were ...

Including restraint of trade provisions in employment agreements has become commonplace—but are they enforceable? As a matter of law restraint of trade provisions are void (both unlawful and unenforceable) unless they can be established as reasonable. Restraint of trade provisions are a creature of contract. ...

John Farrow, Partner at Anderson Lloyd, discusses the Employment Relations (Triangular Employment) Amendment Act that came into effect in mid-2020 and how it offers some insight into the factors that may be relevant in deciding whether an entity is in fact a controlling third party ...

Article written by employment specialist AJ Lodge and published in the NZ Herald on 20 June 2021. As New Zealand widens its vaccination programme, employers are starting to consider how they will deal with the next COVID-19 spanner in the work(place) – vaccinations. The most ...

Column written by John Farrow and published in the Otago Daily Times on 17 June 2021. The recent nurses strike brought into focus issues around fair pay across an entire industry. While the Government has introduced a variety of changes to improve pay for workers, ...

A number of recent employment cases address whether a worker is correctly classified as an employee or an independent contractor. In the recent case of Barry v CI Builders Limited, despite the parties agreeing that Mr Barry was a contractor, the Employment Court found that ...

Column written by Senior Associate Fi McMillan and published on the Legalwise website on Wednesday 2 June as part of her series on the NZPF Principals’ Advice and Support Scheme, which provides employment advice to school principals across New Zealand. In Part 4, she highlights ...

Column written by Ashley-Jayne (AJ) Lodge and published on the Capital Letter website on Friday 28 May. Further regulation is on its way for employers in the way of Fair Pay Agreements. Workplace Relations and Safety Minister Michael Wood describes the introduction of FPAs as ...

The Government has passed a Bill which increases employees' minimum entitlement to paid sick leave from five to ten days per year. The Bill comes into force in mid-July and will amend the Holidays Act 2003. The Bill allows employees to carry over ten days ...

The court holds a high threshold when it comes to terminating an employee Terminating redundant employees is never easy. But as a result of COVID-19 and the economic downturn, more businesses are having to make difficult decisions in order to survive. Speaking to HRD, Jessica ...

After much anticipation, the Government has finally announced today how it proposes the Fair Pay Agreement (FPA) system in New Zealand will work. FPAs are a set of terms and conditions of employment for an occupational group or industry sector, and the announcement today confirms FPAs ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Tuesday 27 April 2021. Both the rolling out of Covid-19 vaccines and the opening of the Australasian bubble have created some complex issues for employers. The general ...

John Farrow, Partner at Anderson Lloyd, shares a detailed case note of Gill v Restaurant Brands Limited, where an employee was dismissed for lack of a valid visa. In this article, John highlights new complexities due to COVID-19, and the importance of  employers to communicate ...

This article was published on the HRD website on Wednesday 14 April. As New Zealand's business climate changes in response to the COVID-19 pandemic, the country’s top employment law firms are keeping their fingers on the pulse of organisations that are confronting new workplace challenges. ...

Column written by Senior Associate Fi McMillan and published on the Legalwise website on Thursday 25 March as part of her series on the NZPF Principals’ Advice and Support Scheme, which provides employment advice to school principals across New Zealand.  In Part 3, Fi continues ...

Without question, the number one issue that challenges employers when they sell their business is the question of when to consult. Employers will often ask at what point do my employees need to be informed. That question is usually quickly followed by how long can ...

The case of Arachchige v Rasier New Zealand Ltd & Uber B.V. confirms Uber is not required to give über (or even minimum, for that matter) employment entitlements to its drivers. In December 2020 the Employment Court issued a judgment which considered whether or not ...

The Government has accepted recommendations to make the Holidays Act clearer and provide greater certainty to employers and employees. Following a joint request from employers and unions, the Government established a Taskforce to suggest improvements to the Holidays Act 2003 (the Act). Although the Taskforce ...

The Employment Court reinforces the importance of maintaining mediation confidentiality in CultureSafe NZ Limited & Ors v Turuki Healthcare Services Charitable Trust [2020] NZEmpC 165. CultureSafe NZ Limited & Ors v Turuki Healthcare Services Charitable Trust [2020] NZEmpC 165 is an appeal of an earlier ...

The Government has introduced a Bill which proposes to increase employees' minimum entitlement to paid sick leave from five to ten days per year. The Bill is currently before a Select Committee, and is likely to pass into law later in 2021. Although there would ...

The new Public Service Act 2020 (Act) came into force on the 6th of February 2021 and replaces the previous State Services Act 1988. Under section 19 of the Act the Public Service Commissioner (Commissioner) can issue guidance on integrity and conduct within the public ...

Editorial published in Christchurch's lifestyle magazine 'Metropol' in the Women In Business feature on Thursday 18 March.   People, and problems – or more specifically, helping the former solve the latter – is what drew Ashley-Jayne (AJ) Lodge to law. The employment law specialist has ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Wednesday 10 March. The Holidays Act was brought into force in 2003. Successive governments have promised to reform it. In recent years a number of significant employers ...

The "Wage Subsidy March 2021" scheme is available to businesses that have experienced a 40% decline in revenue over a consecutive 14-day period between 28 February and 21 March 2021, compared to a typical 14-day period between 4 January and 14 February 2021. The scheme ...

The latest lockdown triggers support for both businesses and individuals, with the Prime Minister calling on employers to check in on their employees and ensure that those who are unwell stay at home and get tested. Short-term Absence Payment The Short-term Absence Payment (SAP) is ...

The Government has accepted recommendations to make the Holidays Act clearer and to provide greater certainty to employers and employees. Following a joint request from employers and unions, the Government established a Taskforce to suggest improvements to the Holidays Act 2003 (the Act). Although the ...

The Government has announced a new financial support package, the Resurgence Support Payment, as well as a Wage Subsidy Scheme for businesses affected by COVID-19 as a result of an escalation of the alert levels.   Resurgence Support Payment The Resurgence Support Payment (RSP) will ...

Article written by Dunedin Employment Partner John Farrow, published on Legalwise (11 February 2021). In the article, John discusses the recent Suhkjeet Sandhu and others v Gate Gourmet New Zealand Limited and Shaun Joils [2020] NZERA 259, by examining whether an employee can be said to be ready, ...

The new COVID-19 Short-Term Absence Payment (STAP) is available to businesses from the 9th February 2021 as part of the Government's Business Support Package. The purpose of the payment is to help businesses pay employees who are unable to work while they await a COVID-19 ...

We welcome the new default alternative dispute resolution regime which came into force on 31 January 2021. Prior to the introduction of the Trusts Act 2019 (the Act), it was generally necessary for the High Court to be called on to resolve disputes between trustees ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Tuesday 2 February. Last year, New Zealanders voted on whether or not we should legalise the recreational use of cannabis. A number of employers were concerned that ...

The Equal Pay Amendment Act 2020 has streamlined the process for unions and employees seeking to raise a pay equity claim with their employers.   What is a "pay equity" claim? The principle of pay equity represents women and men receiving equal pay for jobs ...

Every agency must have a Privacy Officer, who must be actively managing and protecting personal information. In our Spring Bulletin we identified the top five changes under the new Privacy Act, which came into force on 1 December.  With mandatory reporting of significant breaches and ...

Compensatory payments under Section 123 of the Employment Relations Act 2000 have become commonplace.  However, recent IRD audits of settlement agreements have highlighted the risks associated with indiscriminate tax-free payments By far the majority of personal grievances are settled by negotiation or at mediation.  Generally ...

Labour has fulfilled an election promise by moving to increase the statutory minimum entitlement to sick leave from 5 days to 10 days per year for eligible employees. The Holidays (Increasing Sick Leave) Amendment Bill passed its first reading on 1 December 2020. The Bill's ...

An earlier version of this article was featured in the winter edition of Anderson Lloyd's Employment Newsletter. The law discussed will be relevant to many of our rural sector clients. If your business regularly engages contractors (or engages the same contractor regularly) you may be ...

We are not far off being able to put what can only be described as a "challenging" year behind us and look forward to some family time over a well-deserved 'summer break'. Many employers are taking the opportunity to have a longer closedown than would ...

We are not far off being able to put what can only be described as a "challenging" year behind us and look forward to some family time over a well-deserved 'summer break'. Many employers are taking the opportunity to have a longer closedown than would ...

Employment Partner John Farrow, shares an overview of the recent Employment Relations (Triangular Employment) Amendment Act 2019, which came into effect on 27 June 2020, as it raises a number of interesting issues which would undoubtedly emerge in case law. Posted on the Legalwise website ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Friday 27 November. It has become commonplace to read about employers having to pay large settlement sums awarded by the Employment Relations Authority (ERA) for unjustified actions ...

Article contributed to by Dunedin Partner John Farrow, published on the Human Resources Director (HRD) website on Thursday 26 November. When it comes to annual leave over this year’s Christmas break, some employers might find themselves in legal hot water. Many businesses encouraged or forced ...

The COVID-19 Leave Support Scheme has been further expanded. The Scheme provides financial assistance to employers where employees cannot work due to the need to self-isolate. The following groups of employees will now be covered by the Scheme: People who have COVID-like symptoms, work in ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 28 September. It's election time and with every election comes a raft of promises about changes to employment law. Under a National-led government mandatory meal breaks ...

We increasingly hear about the "toxic workplace" and workplace bullying.  Might there actually be an incompatibility issue? 2020 has been a most unusual year.  We have all had to get used to lockdowns and working remotely, or to not working at all, and overall things ...

2020 hasn't exactly been the year we all expected.  COVID-19 has brought significant challenges both financially and emotionally, but if there is one positive that we can take away it is the fact that it was surprisingly easy for a large number of employees to ...

It's election time and with every election comes a raft of promises about changes to employment law.  Under a National-led Government mandatory meal breaks could be a thing of the past.  National has pledged to repeal the Government's changes to the Employment Relations Act and ...

In December 2020 the new Privacy Act 2020 comes into force. The Act has not only been modernised, but there have been significant changes to how privacy law will be enforced. Here are the top five key changes employers should be aware of. (In no ...

On 17 October 2020, New Zealanders will be able to vote in a referendum on whether or not they support the Cannabis Legalisation and Control Bill (Cannabis Bill), which would legalise the recreational use of cannabis. The Bill, in its current form, does not cover ...

A recent decision has shone a light on the lawfulness of employers using independent investigators to conduct employment investigations. It is now common for employers to engage someone independent to investigate allegations of serious misconduct. This is especially the case where the allegations are either ...

Immigration New Zealand has made it clear that one of its current priorities is to maximise the opportunities New Zealand workers have to access the job market. Many employers have found they cannot necessarily expect that an experienced migrant worker they currently employ will be ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Wednesday 26 August. The recent COVID cluster in Auckland has prompted the Government to implement the resurgence wage subsidy scheme and simplified leave support scheme. This will ...

Yesterday, 17 August 2020, the government announced a new Wage Subsidy Scheme and changes to the current Leave Support Scheme, to "cushion the blow" for businesses in light of the recent move to Alerts Levels 2 and Level 3 across the country. Resurgence Wage Subsidy ...

Prime Minister Jacinda Ardern and Director-general of health Ashley Bloomfield announced last night that four new Covid-19 cases have been confirmed in Auckland. As a result, Auckland will move to Alert Level 3 as at midday today 12 August 2020, with the rest of New ...

The passing of the Equal Pay Amendment Bill on 22 July 2020 is an important step in closing the gender pay gap in New Zealand. The Bill provides a framework for the resolution of pay-equity disputes.   Background The Equal Pay Amendment Bill was introduced ...

The recent judgment of the full Employment Court in Metropolitan Glass & Glazing Limited v Labour Inspector [2020] NZEmpC 39 has clarified the issue of when and in what circumstances bonuses will be contractual or discretionary for the purposes of calculating "gross earnings". Section 14 of the ...

Temporary updates to the parental leave scheme have come into force as a result of the COVID-19 Response (Further Management Measures) Legislation Act 2020. Permanent changes to the scheme will also come into effect from 1 July 2020.   Temporary changes to parental leave The ...

The Government established the Fair Pay Agreement (FPA) Working Group in June 2018.  This was chaired by Jim Bolger.  The Working Group delivered its report on 20 December 2018.  Almost a year later, in October 2019, the Government released its discussion paper and sought feedback ...

Safety Checking The Children's Act 2014 (previously Vulnerable Children Act) requires all children's workers to be safety checked. It applies to both contractors and employees of organisations who are funded by government. It does not apply to volunteers. A children's worker is a person who ...

As part of the Government's budget announcement on 14 May 2020, the COVID-19 wage subsidy was extended. Around half of all working-age New Zealanders received the original wage subsidy. The Government estimates that some 230,000 businesses will be eligible for the extension. The new scheme ...

The Human Rights Review Tribunal (HRRT) considers the importance of authorisation before disclosing personal information about an employee. Director of Human Rights Proceedings v Katui Early Childhood Learning Centre Limited [2019] NZHRRT 55 provides an example to employers that references about employees should only be ...

The Employment Relations (Triangular Employment) Amendment Act 2019 comes into force on 27 June 2020.  The legislative changes will have an immediate impact on triangular employment relationships.  Businesses will need to understand the potential consequences of being joined to a personal grievance, how best to ...

MBIE is in the process of reviewing workplace conditions for contractors.  MBIE sought feedback from contractors in February this year. While employees are entitled to be paid minimum wage, receive leave entitlements and are able to take a personal grievance against their employer, independent contractors ...

The contractor versus employee debate continues. Two recent Employment Court judgments released in short succession provide a helpful restatement of the law on classification as an employee. In both Leota v Parcel Express Limited and Southern Taxis Limited v A Labour Inspector the Employment Court ...

Parliament has passed the Privacy Act 2020 with unanimous support.   The Privacy Act 2020 comes into force on 1 December 2020. The key reforms of the new Act include: Mandatory notification of harmful privacy breaches If organisations or businesses have a privacy breach that ...

On 18 June 2020 Judge Kevin Phillips delivered a judgment sentencing Otago Polytechnic for an offence under the Health and Safety at Work Act 2015. Instead of ordering a significant fine, the judgment ordered New Zealand's first ever court-ordered enforceable undertaking. Otago Polytechnic, represented by ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Thursday 18 June. The various levels of the COVID-19 lockdown brought challenges to New Zealand businesses. There have also been a number of lessons. Annual leave accruals ...

As part of the Government's budget announcement on 14 May 2020, the COVID-19 wage subsidy was extended. Around half of all working-age New Zealanders received the original wage subsidy. The Government estimates that some 230,000 businesses will be eligible for the extension. The new scheme ...

The Prime Minister has announced that as of 14 May 2020, New Zealand will move into the less restrictive Alert Level 2.  At Alert Level 2 the majority of New Zealand businesses will be permitted to physically open and resume trade. This article discusses what ...

The COVID-19 Response (Further Management Measures) Legislation Bill (the Bill) has introduced changes to the parental leave scheme. Under the proposed amendments to the parental leave scheme governed by the Parental Leave and Employment Protection Act 1987 (the Act), essential workers who are currently on ...

As from Friday, 1 May businesses can make application to the Ministry of Social Development for Workers' Leave Support. Under the broadened criteria, the COVID-19 Leave Support Scheme will be available to all businesses, organisations and self-employment people, not just essential services. The other criteria ...

With New Zealand moving to a Level 3 alert at 11.59pm on Monday, 27 April 2020 many employees will be returning to work. The below article considers what factors an employer should be considering in order to facilitate this return to work, as well as ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Friday 17 April. COVID-19 and the Level 4 lockdown have created myriad issues for employers and employees alike. It's not possible in this brief article to cover ...

Details of the new sick leave scheme for essential workers have been clarified and the scheme is available from Monday 6 April, for a period of at least 8 weeks((https://www.beehive.govt.nz/release/essential-workers-leave-scheme-established)). Payments The Beehive press release confirms essential workers who take leave from work to comply ...

Details of the new sick leave scheme for essential workers were announced today and the scheme will be available on Monday 6 April, for a period of at least 8 weeks ((https://www.beehive.govt.nz/release/essential-workers-leave-scheme-established)). The Beehive press release confirms essential workers who take leave from work to ...

The Government is regularly updating and finessing the Wage Subsidy Scheme. Here Malcolm Couling answers some of the questions commonly asked by businesses.   Q: What does 'best efforts to pay 80% mean? A: The starting point is often overlooked – you should being paying ...

With the Easter public holidays set to fall during the current COVID-19 lockdown period it is necessary for employers and employees to understand their obligations and rights. In this article our specialist employment law team examines the issues of payments for public holidays as well ...

In these highly unusual circumstances we are all, employee and employers, required to continue to comply with the usual good faith requirements of the Employment Relations Act. The calls for calm and common sense when dealing with COVID-19 are the best way to help us ...

Can I make my staff take annual leave or alternative days if our business is also claiming the wage subsidy? The guidance from the government on the interaction between the wage subsidy scheme and leave is that employees cannot be unlawfully required or compelled to ...

On Monday, 23 March 2020, Prime Minister Jacinda Ardern declared a nationwide “level four alert” effective from 11.59pm, 25 March 2020, requiring the shutdown of all businesses, with the exception of essential services. Thousands of employees will now be required to work from home. But ...

The Government updated its definition of 'essential businesses' late on the afternoon of 30 March 2020. There is greater clarification on essential non-food consumer products. Businesses are able to sell essential non-food consumer products provided they do so in a way that protects the public ...

The New Zealand government recently issued an Epidemic Management Notice, designed to inform and support some visa holders. On 24 March 2020 the Prime Minister, together with the Minister of Immigration and Minister for Social Development, issued an Epidemic Preparedness (Epidemic Management- COVID-19) Notice 2020. ...

The Government has made major modifications to the wage subsidy scheme to ensure people don’t lose their jobs during the national lockdown. The changes will apply from 4pm today. The key points are discussed below: Key points: The modifications focus on keeping businesses and workers ...

On 17 March the Government announced an economic response package to mitigate the impact of COVID-19. The total package is valued at $12.1B. Two parts of that package are especially relevant to businesses.   The Wage Subsidy Scheme Wage subsidies (paid to an employer as ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 3 March. It seems that Otago is at the beginning, if not in the midst, of a construction boom. Dunedin’s hospital, school expansions, hotels and houses ...

The outbreak of the 2019-nCoV (Coronavirus) epidemic in China has New Zealand at stage II of its framework for action: New Zealand Influenza Pandemic Plan (NZIPP).  We are currently attempting to "Keep It Out" through border controls, restrictions and preventative action so that we never ...

The novel coronavirus is giving the world a major scare. There is no doubt that it is also going to present New Zealand with an economic speedbump this year.  Many businesses are already experiencing the direct impact of coronavirus. We have seen some exports to ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 6 January. The University of Otago announced in October that it would build a $90 million residential hall. The plan is for a new 450-bed residential ...

In the recent decision Labour Inspector v Parihar [2019] NZEmpC 145 the Employment Court imposed significant penalties on liquor store owners who breached the minimum entitlement provisions contained in the Minimum Wage Act 1983 and Holidays Act 2003. Proceedings were commenced by the Labour Inspectorate ...

In an article published on Legalwise earlier this month, Employment Partner John Farrow discusses the full Employment Court decision of Matthews v Bay of Plenty District Health Board that traverses a number of issues, including discretionary gratuities and the legal status of policies. The Law ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Saturday 25 May. The decision of "Jacs Hardware & Timber Limited v First Union Inc." is the first time the Employment Relations Authority has fixed the provisions ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 1 April. The GoPro footage of the Christchurch terrorist attack has prompted debate about the policing of social media sites. A number of corporates have withdrawn ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Tuesday 26 February. By now, the Christmas holidays will be a distant memory. However, we all understand the importance of a break away from the daily grind. ...

On 31 January the coalition government released the Recommendations from the Fair Pay Agreement Working Group report. Fair pay agreements would set minimum working conditions and wage rates across a specific sector or occupation.   The working group (chaired by former National prime minister Jim ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Thursday 3 January. The Employment Relations Amendment Act was passed on 5 December. Most changes will take effect over two stages, on 12 December 2018 and on ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 3 December. It seems to be the year for strikes. Nurses went on strike over staff levels and pay. Teachers have been striking on and off ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday 1 October. THE Labour-led Government signaled that within the first 12 months it would introduce statutory support and legal rights for dependent contractors ‘‘who are effectively ...

On 19 September 2018, on the 125th anniversary of women's suffrage in New Zealand, an Equal Pay Amendment Bill was introduced to Parliament. The bill was jointly introduced by Minister for Workplace Relations and Safety, Iain Lees-Galloway, and Acting Minister for Women, Eugenie Sage. The ...

Column written by Dunedin Partner John Farrow, published in the business section of the Otago Daily Times on Monday, April 30th 2018 How is an employer meant to continue operating its business if it is banned by the Employment Court from hiring staff? The simple ...

South Island Tourism Company, Alps Travel Company Limited, has been penalised $75,000 plus pay and holiday pay arrears following an investigation by the Labour Inspector. The case demonstrates the protracted enforcement processes that can result from failing to keep accurate employment records.   History of ...

Column written by Dunedin Partner John Farrow,  published in the business section of the Otago Daily Times on Monday 8th January 2018   The tragedy at the Pike River mine in November 2010 triggered the enactment of the Health and Safety at Work Act 2015. ...

The District Court at Manukau has sentenced Salters Cartage and its director, Ron Salter, for the fatal explosion which killed a contractor in 2015. Judge McIlraith has handed down the most significant sentence against a director since the inception of the Health and Safety at ...

New rules relating to the safe production, transport, handling, use and disposal of hazardous substances are in force from 1 December 2017. The Health and Safety at Work (Hazardous Substances) Regulations 2017 (the Regulations) will have wide-reaching implications when it comes into force next month. ...

The New Zealand Government announced the minimum wage rate is to increase from 1 April 2017. The new rate for all adult employees will rise by $0.50 to $15.75 per hour. The starting-out rate and training minimum wage rate is to increase from $12.20 to ...

The Court of Appeal has provided some helpful guidance for employers when conducting an employment investigation in the recent decision of A Limited v H [2016] NZCA 419. The justification test Employers are required to undertake a fair process before taking any adverse action against ...

The Building (Pools) Amendment Bill was introduced for its first reading on 16 September, amending the Building Act 2004 and repealing the Fencing of Swimming Pools Act 1987. This Bill has implications for all owners of pools as well as developments incorporating water garden features ...

On 4 April 2016, the Health and Safety at Work Act 2015 will come into force. It provides a significant change to New Zealand's current health and safety legislation, and is a response to the scrutiny placed on our health and safety practices following the ...

While we will still be remembering and celebrating the ANZACs on Saturday 25 April this year, for most employees the ANZAC day holiday will be observed on Monday 27 April.  In future this will also apply to Waitangi Day when it falls on a Saturday ...

The Holidays Act 2003 provides that an employer must not unreasonably withhold consent to an employee's request to take annual holidays. When can an employer withhold consent without being unreasonable? A recent case, Dearsly v Encore Designer Seconds Ltd, provides a useful example of this ...

Are you confident that your disciplinary investigations would stand up to the scrutiny of the Employment Relations Authority?  Here are some tips to help you, from a real life example. Mr Waite and Mr Speechley worked for KiwiRail.  Mr Speechley complained that someone had deliberately ...

An employer must exercise discretion in a fair and reasonable manner taking relevant factors into account, ignoring irrelevant factors, and acting in good faith to the employee without ulterior motives. Three cases provide examples of different types of discretion and what it means to be ...

It is not just dismissals that can give rise to a personal grievance, warnings also need to be justifiable to avoid a disadvantage grievance. A warning also needs to be justifiable so that the employer can safely rely on it later, when issuing a final ...

Sometimes an employee is suspected of misconduct at work which could also be a crime. When should an employer involve the police? Suspicion is not enough. For example where the allegation is theft, an employer needs to have both: Evidence that money or goods have ...

An employer does not have to hold a job open forever for an employee who is not fit for work, but how long does an employer have to wait before dismissing that employee? A fair and reasonable employer will take into account the particular circumstances ...

A recent case illustrates two ways in which the owner and manager of a business can be personally liable to employees despite having a limited liability company structure in place. Identity of employer Joanna Wilson was the manager and sole shareholder and director of The ...

A recent case illustrates two ways in which the owner and manager of a business can be personally liable to employees despite having a limited liability company structure in place. Identity of employer Joanna Wilson was the manager and sole shareholder and director of The ...

Sometimes during a disciplinary investigation, or even during a consultation process for redundancy, an employee makes allegations, especially about his or her manager. What is the right response? The recent Employment Relations Authority decision of Dolan v The Roman Catholic Bishop of Auckland provides a ...

It is common for employment agreements to include a clause that states employer or employee can terminate employment by giving the other party a certain period of notice. A recent case, Hobson v The Corner Store 2009 Limited, considered an employer's actions after an employee ...

Some weeks after your new employee starts work, you discover that he has convictions which he didn't mention in his application form. Can you dismiss him? Was the offer of employment subject to a satisfactory criminal convictions check, or does the employment agreement provide for ...

Some employers offer a time in lieu arrangement, giving salaried employees time off in lieu of payment for overtime hours worked. These arrangements vary enormously. They can be formally defined by a written policy for all staff, or else completely discretionary in a one-off situation. ...