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 >

With advancements in technology and automation, many employees are understandably concerned about the potential for their jobs to be replaced by artificial intelligence. With such a significant advancement in technology, it is only natural that AI will impact employees and employers. Despite this, we note that the law remains the same. Therefore, the risk of…read more >

A recent decision of the Employment Court: New Zealand Steel Limited v Haddad [2023] NZEmpC highlights a redundancy mistake that employers often make as part of a redundancy process. Mr Haddad was employed in the position of Process Computing Manager by New Zealand Steel Limited. His position was disestablished as part of a wider restructure…read more >

Understanding the Restraint of Trade Amendment Bill On 22 September the Employment Relations (Restraint of Trade) Amendment Bill was introduced to Parliament by MP Helen White. If passed, this bill would have a significant impact on when restraints of trade can be included or enforced.  In particular the bill would: provide that restraints of trade…read more >

Dismissed with a Mask Exemption The individual abbreviated CAE (granted name suppression), worked for Hexion as a Chemical Process Operator. Hexion implemented a policy making it mandatory for employees to wear masks to assist against the spread of COVID-19 – however, the issue was that CAE had a mask exemption.   Mask requirements in workplaces have…read more >

Personal Grievance Time Frames — 90 Days and Counting   In the recent Employment Court decision of Teddy v Page, Mr Page almost saw his whole claim fall flat for not submitting a letter on time. Mr Page got into an argument with his manager and was put on disciplinary action. Back and forth communication followed,…read more >

Cooling Off Periods — Urban Décor Ltd v Yu Ms Yu and Mr Jin worked as curtain makers for Urban Décor Limited (trading as Promax Colours) in its Auckland factory. On 10 December 2019 the two had a heated exchange with their boss, Mr Han, which culminated in the two stating they quit and leaving…read more >

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 >