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Secret Recordings in the Workplace 101

What to know about secret recordings in the workplace It may sound like something out of a movie but today almost everybody has the ability to make a high quality audio recording of any interaction we might have in our daily lives. For employees and employers facing uncomfortable situations at work (perhaps a disciplinary meeting…read more >

What’s the difference between trial periods and probationary periods?

What’s the difference between trial periods and probationary periods? At Watermark it is common for us to see employers confusing 90 day trials and probationary periods.  However, from a legal perspective, probationary and trial periods are very different in their form and effect. The purpose of a probationary period is to assess an employee’s suitability…read more >

Can I claim the wages I would have received if I wasn’t dismissed?

Can I claim the wages I would have received if I wasn’t dismissed? For most New Zealanders income is a fundamental part of supporting themselves and their families – if this is taken away unfairly, for example by being unjustifiably dismissed, the law provides a remedy. In the recent decision of Campbell v Value Tyres…read more >

Can my old employer stop me working elsewhere?

Restraint of trade – Can my old employer stop me working elsewhere? Anti-competitive clauses – restraints of trade or non-solicitation clauses as they are commonly known – are often included in employment agreements. However can a previous employer really restrict you from working elsewhere once the employment relationship comes to an end? Fundamentally, the Employment…read more >

Working around redundancy: Fixed term contracts to escape redundancy

Working around redundancy: Fixed term contracts to avoid redundancy COVID-19 has introduced a lot of financial uncertainty for employers. It is unclear for many employers how quickly their businesses will recover, especially as there are no guarantees that the country, or particular regions, wont again enter higher alert levels. Fixed term employment agreements may seem…read more >

Claiming constructive dismissal

Should an employee be resigning and then claiming constructive dismissal? It is not uncommon for an employee facing an investigation to resign, thereby avoiding the investigation, and later down the track to raise a personal grievance on the basis that they were constructively dismissed. Bridget Jones was employed by Waste Management NZ Limited. She was…read more >

Back to basics: Employee or Independent Contractor

Back to basics – Employee or Independent Contractor  If you own a van and work as a courier driver for a company, and if you’ve signed an independent contracting agreement which confirms in writing that you are an independent contractor – then are you a contractor or an employee? The question as to whether a…read more >

Workplace temperature: Too cold or too hot?

Workplace temperature: Too cold or too hot? There is no doubt that the workplace temperature can sometimes be a hotly contested topic between colleagues. The temperature at work can potentially be a health and safety issue, especially if it affects an employee’s health. An employee (Ms Burrows) who worked for Bunnings Warehouse succeeded in an…read more >

Three Commonly Asked Covid-19 Questions

At Watermark we are seeing an influx of Covid-19 related employment issues from both employers and employees. There are some common trends emerging, which we have explored in more detail below. If you have any other Covid-19 related employment issues, please get in contact with us for a no-fee consultation – we would be happy…read more >

Covid 19 and Redundancy

Covid 19 and Redundancy Covid-19 is not a reason to make a position redundant. We’ve had several cases where employees have sought our advice because their position has been made redundant, based on a letter from their respective employers which reads: “due to Covid-19 and it’s impact on our business.” Despite the turmoil upheaval and…read more >

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