Dismissing an employee under the trial period Many employers are left stumped when they become the recipients of a personal grievance claim for unjustified dismissal from an employee who was dismissed within their trial period. A mutual agreement and understanding between the employer and employee does not mean it is valid and safe to dismiss…read more >

Where hiring an independent contractor goes wrong Uber Eats and apps like it have become a familiar stop on many phones today. Hungry Panda is the mandarin version of one of these food delivery apps allowing native mandarin speakers to easily order food in authentic Chinese terms.  Hungry Panda operates by engaging food delivery drivers…read more >

New Zealand Income Protection Scheme When the COVID-19 pandemic struck, the government stepped in as the defender of jobs with the wage subsidy scheme. Since then, Business New Zealand and other union groups have approached the government for better protections for job losses that occur outside of crisis years — protections which are common elsewhere…read more >

What is a ‘without prejudice save as to costs’ letter? If you see a letter from a lawyer headed — ‘without prejudice save as to costs,’ there’s no need to panic. You’re no doubt in litigation with another party, and their lawyer is trying to make what they consider a reasonable offer in an attempt…read more >

Reporting Wrongdoing at Work Protected disclosures, informally known as whistleblowing, is the process by which employees can confidentially report serious concerns at work without fear of kickback. The Act: The Protected Disclosures Act 2000 enables this. It was introduced to facilitate the investigation and discovery of serious wrongdoing in organisations for the public good. These…read more >

Can my employer require me to return to the office?  One of the most common answers that I find myself giving to clients (and acquaintances) in response to an employment query is this: “It depends on what it is in the employment agreement.”  Coincidentally, this is also the answer to another very popular question in…read more >

Can the Employment Court challenge the validity of a Covid-19 order? As employment lawyers, we have many unvaccinated clients ask us whether they can challenge the validity of the Covid-19 Public Health Response (Vaccinations) Order 2021 (“the Order”). The recent decision of Malcolm v The Chief Executive of the Department of Corrections in the Employment…read more >

Do employers have to help employees with their visa? The Employment Court recently considered how employers have an obligation of good faith when it comes to an employee applying for a visa to continue work. The Court found that an employer may be required to assist an employee with obtaining a visa – merely “tick…read more >

Do directors have liability for breaches of minimum employment entitlements?   Under the Employment Relations Act 2000, directors can be held personally liable for unpaid minimum entitlements if they are “involved in” the employer’s breach of its obligations. But how much does a director need to know or do to be “involved in” a breach?…read more >

Making Sense of Constructive dismissal – Chief of NZ Defence Force v Darnley The words “Constructive dismissal” can often be thrown around by outgoing employees in the employment sphere. However, few understand that the legal threshold for succeeding in a constructive dismissal claim is a high one. The Employment Court recently made a decision regarding…read more >