In a recent decision by the Human Rights Review Tribunal, BGH v Kumar, the plaintiff took legal action against an employee in their personal capacity for sexual harassment endured during employment for a period of around 2 years. This decision is significant as cases such as this are not common in New Zealand, as it is much more common to pursue claims against [...]
When parties are engaged in civil litigation, generally they may seek documents and evidence held by other parties after the claims have been filed and before the hearing is due to take place. In this case, a former employer applied for discovery at the Employment Court before any proceedings had been filed at the Employment Relations Authority. P.I.C. Insurance Broking Limited v Pepper, Cooper [...]
Under the Employment Relations Act (“ERA”), the right to raise a personal grievance is limited to an ‘employee’. Over the years, personal grievance claims have been brought by prospective employees after a conditional offer of employment has been accepted and subsequently withdrawn by the prospective employer. A recent judgment of the Employment Court is instructive on whether a personal grievance claim may be [...]
The Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023 (“Amendment”) was passed and came into effect in June 2023. In this article we examine the changes imposed by the Amendment and the possible implications for PCBUs. Before Amendment Before the Amendment was passed, organisations (“PCBUs”) were able to decline a request from workers to initiate an election [...]
As we head towards the general election in October 2023, the ACT party has proposed a number of changes to the personal grievance process. Their proposed changes are to: Require ERA decisions to be delivered within a month of the investigation meeting concluding. Enable the appointment of an ERA member to be terminated if they do not meet this requirement (after a process of [...]
The Crimes (Theft by Employer) Amendment Bill has been introduced into Parliament and raises some important issues for discussion. In this article, we examine the Amendment Bill and its possible implications for employers should it proceed. Crimes (Theft by Employer) Amendment Bill The Crimes (Theft by Employer) Amendment Bill is a Member's bill which has been introduced into Parliament. It is intended to [...]
E Tū Inc and others v Carter Holt Harvey LVL Limited [2022] NZEmpC 141 Introduction The Holidays Act provides that annual holidays are to be taken at times that are agreed between the employer and employee. However, an employer may require an employee to take annual holidays if they are not able to reach agreement as to when the employee will take their [...]
The Fair Pay Agreement Act 2022 (“FPAA”) was enacted and came into force in December 2022. It represents a significant potential change to New Zealand’s employment relations landscape. In particular, the FPAA aims to establish a regime for representative bargaining between employers and unions across entire industries, with a view to create binding minimum employment terms and conditions for employees in entire industries and occupations. [...]
In this article, we examine ACT’s recent policy for worker choice and freedom to contract and the practical implications for workers and employers, as compared to the current legal framework for determining employment status. The full policy statement can be found here. Status quo The law in New Zealand provides a degree of employment rights and protection, but these rights are only provided [...]
Employees who wish to raise a personal grievance generally have to do so within a period of 90 days under the Employment Relations Act 2000 (“ERA”). However, under a Bill that is currently before Parliament, the time limit for raising a personal grievance in respect of sexual harassment would be extended from 90 days to 12 months. The Bill has already been considered by [...]