Health and Safety updates
Following our earlier article discussing the District Court judgment in WorkSafe's prosecution of Whakaari Management Ltd (WML) under the Health and Safety Work Act 2015 (HSWA), the High Court has now overturned WML's conviction. The appeal judgment (Whakaari Management Ltd v WorkSafe New Zealand [2025] ...
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 ...
Businesses need to be aware of both independent and collective trustee liability under the Health and Safety at Work Act 2015 It is a widely known and accepted legal principle that a trust is not a legal entity, but rather a legal relationship between the ...
On 31 October 2023 the District Court found WorkSafe had proven a charge brought against Whakaari Management Ltd (WML) arising from WML's management of the island on behalf of the island's owner. The charge was the only remaining charge to be resolved relating to the ...
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. ...