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 [...]
The environment in which businesses operate can change quickly and dramatically. Employees may be hired one minute when the outlook is positive, but their employment may be in jeopardy when economic sentiments change for the worse and business performance fails to meet the targets which had previously been anticipated. For many businesses, labour costs account for a major proportion of their operating costs. [...]
In this article we will outline two legislative developments in employment relations in New Zealand – the Protected Disclosures (Protection of Whistleblowers) Act 2022 (“PDA”) and the Fair Pay Agreement Act 2022 (“FPAA”). Protected Disclosures (Protection of Whistleblowers) Act 2022 The PDA was enacted and came into effect from 1 July 2022. It amends and updates the original Protected Disclosures Act 2000. The new [...]
The question of whether New Zealanders are joining the global ‘quiet quitting’ trend is answered by Jennifer Mills and others at the NZ Herald. Click to read more.
Jennifer Mills' interview with Mike Hosking on The Mike Hosking Breakfast (11 July 2022). Our Covid numbers are going back up and the experts are warning of a second wave. Employers are being told to brace for another round of long periods of workers off with sick leave. But with that come responsibilities for an employer, especially around getting someone who's out [...]
This article was written by Grant Bradley and published on NZ Herald (10 July 2022). An employment lawyer has warned that bosses who require staff to work while they're sick with Covid-19 could face claims if workers become ''long haulers.'' With a surge in Covid cases and increased risk of reinfections, employment specialist Jennifer Mills says employers need to be careful. ''An employer could [...]
This article was published on Newshub (6 July 2022). To relieve pressure on general practitioners, on Tuesday the Ministry of Health told employers they can use text messages from the ministry as evidence employees either have COVID-19 or are household contact - but there are concerns it could lead to exploitation. The Ministry of Health said the text messages are "reliable evidence" employees need [...]