With a new government set to take the reins of New Zealand shortly, change is on the way. One of these changes includes the probable abolishment of fair pay agreements, which came into effect in December 2022.   What are fair pay agreements?  Essentially, fair pay agreements specify industry or occupation-wide minimum employment terms. In other…read more >

  When family drama and business mix, then things tend to get tricky. Well, a situation involving both occurred in a recent Employment Court case RDJ v SGF, where things took a turn for the worse after a couple who co-owned a business separated.      Background:   Robert and Sarah (names changed for privacy) were…read more >

  An employee can undertake various actions that fall under the category of “serious misconduct.” A recent illustration of this arises in the case of Marsters v Allied Investments. In this instance, a security guard functioning as a patrol security officer, was discovered to have defecated outdoors at a primary school while on duty, resulting…read more >

  Passing comments within an employment context can swiftly escalate into serious concerns if they are perceived as discriminatory, particularly when related to race or sex. Such comments can lead to significant repercussions for the employer involved. Both the Employment Relations Act 2000 and the Human Rights Act 1993 establish legal frameworks that prohibit sexual…read more >

  Conducting regular drug tests is a common practice for companies that require their employees to work in dangerous or hazardous environments. Serious problems can arise when these employees refuse to undergo a drug test when called upon. In the case of Baker v EastPack Limited [2023], an employee argued that they were unjustifiably dismissed…read more >

If tikanga Māori values are incorporated into an employment relationship, they must be upheld by an employer when dealing with employment issues. That’s what the Employment Court held in a recent case GF v Comptroller of the New Zealand Customs Service [2023]. In the case it was determined that an employee, who refused to get…read more >

Procedural fairness (or fair process) is an essential requirement to be followed when dismissing an employee. In the case Wolak v Boss Transport [2023], the Court found that Boss Transport failed to abide by this requirement when dismissing one of its bus drivers.   What is procedural fairness? Procedural fairness is required before dismissing or…read more >

What happens if my employer stops communicating with me? – Canina v Southern Lakes Sightseeing [2023] Francesco Canina was employed by Southern Lakes Sightseeing Tourism Limited in May 2019 – Zibo Liu was the sole Director and shareholder of the company. Francesco’s role was described as a Service Manager – this was a very autonomous…read more >

Speaking up about a sexual harassment incident can often be challenging and intimidating. There is often a period after the incident before a victim feels comfortable to come forward about their experience. The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 came into force on 13 June 2023 – it…read more >

When it comes to terminating an employee’s contract, it is crucial to follow the proper procedures to ensure a fair dismissal. Failure to do so may result in an “unjustified dismissal”. This was precisely the case in the recent employment dispute, Dowling v Sims, where Mr. Dowling, a dairy assistant on a West Coast farm,…read more >