About Allanah

This author has not yet filled in any details.
So far Allanah has created 29 blog entries.

The Delta variant: When are mandatory vaccinations justifiable in the workplace?

The Government’s recent decision to amend the COVID-19 Public Health Response (Vaccinations) Order 2021 (“Order”) to require fully vaccinated workers in the health and disability, and education sectors demonstrates that vaccine mandates will be an effective tool to help manage and eliminate health and safety risks arising from the Delta variant in the workplace. Despite the Order, many employers still remain responsible for determining [...]

The Delta variant: When are mandatory vaccinations justifiable in the workplace?2021-10-14T16:55:03+13:00

Coronavirus and Employment: Your vaccination questions answered

This article was written by Priscilla Dickinson, and published on Newshub (8 September 2021). Getting vaccinated against COVID-19 is free and reduces the risk of getting seriously ill and transmitting the virus to others. Ministry of Health figures on Monday show 3.95 million COVID-19 vaccine doses have been administered: 62 percent of the eligible population have received a first dose and 32 percent [...]

Coronavirus and Employment: Your vaccination questions answered2021-09-08T09:56:23+12:00

Incentivising employees to get vaccinated

As New Zealand continues its public vaccination rollout, many employers are eager to encourage their workers to get vaccinated.  Many employers already provide paid time off to their employees who attend their vaccine appointments during working hours.  However, some employers are going further to provide rewards and incentives for their employees to get vaccinated. For example, broadband company Universal Communications Group (UCG) has [...]

Incentivising employees to get vaccinated2021-09-06T14:21:25+12:00

Can employers justifiably dismiss employees if they have not been vaccinated?

The courts in New Zealand have not confronted this difficult issue, and it is not clear precisely how the courts would assess and balance the relevant competing rights and interests.  In this article, we outline the competing interests and the applicable legal principles which need to be considered.   Background First, we note that the COVID-19 Public Health Response (Vaccinations) Order 2021 (“Order”) requires [...]

Can employers justifiably dismiss employees if they have not been vaccinated?2021-09-01T09:47:49+12:00

Can employers fire you if you refuse to get vaccinated? An expert weighs in on COVID-19 vaccine mandates

This article was written by Ireland Hendry-Tennent, and published on Newshub (27 August 2021). As the Delta outbreak continues to grow and New Zealand's vaccine rollout ramps up, there are questions around whether employers can fire people for refusing to get the jab. Last month the Government expanded its mandatory vaccine requirements to include workers at ports and airports who are at the greatest [...]

Can employers fire you if you refuse to get vaccinated? An expert weighs in on COVID-19 vaccine mandates2021-08-27T10:20:42+12:00

Employees who cannot work from home during lockdown – should they be paid?

COVID-19 and its devastating effects continue to raise many difficult questions in relation to employers’ obligations towards employees.  The latest version of the COVID-19 Public Health Response (Alert Level Requirements) Order (No 9) 2021 states at clause 15 that “all persons in the alert level 4 area must remain at their current home or place of residence, except for essential personal movement permitted…”. As [...]

Employees who cannot work from home during lockdown – should they be paid?2021-08-23T15:44:30+12:00

Tricky Sickies

A radio show recently invited listeners to call in and anonymously confess what they have used sick leave for. Some interesting answers included: Going on a date and drinking a bottle of wine; Going skydiving; Going horse racing (and winning, and being on TV, albeit no one seeing); Getting a massage with their partner, then taking the dog for a walk; Watching the Oscars [...]

Tricky Sickies2021-08-16T13:28:53+12:00

Recent Insights – Medical Incapacity Termination

While employers in New Zealand are permitted to terminate an employee’s employment for reasons of medical incapacity, such a decision ought to be approached with care. A broad framework has emerged from case law, which employers can use to navigate this tricky area of the law.  In this article, we have set out some critical considerations and a recent case to illustrate how [...]

Recent Insights – Medical Incapacity Termination2021-08-09T13:33:33+12:00

Amending the Holidays Act… again – the next steps

In 2018, the Government established the Holidays Act Taskforce to review and suggest amendments to the Holidays Act 2003.  In October 2019, the Taskforce issued its report, and the Government announced in February 2021 that it has accepted all 22 recommendations made by the Taskforce. In theory, the recommendations are aimed at providing greater clarity and certainty for employees and employers regarding their [...]

Amending the Holidays Act… again – the next steps2021-08-16T13:30:07+12:00

Personal Grievances: Areas of Interest and Advice for Employers

In this article, we will explore three areas of interest and give guidance on what employers can do to address problems in the workplace. Areas of Interest Unjustified Dismissal Unjustified dismissal is one of the most common categories of personal grievance. A spike in unjustified dismissal cases was observed following the transition into level 1 during the first lockdown period in 2020. Although [...]

Personal Grievances: Areas of Interest and Advice for Employers2021-04-16T16:24:05+12:00
Go to Top