Especially given the current economic environment, many workers can become desperate for work. In particular, we have seen the tourism and hospitality sectors continue to suffer considerably from the effects of our border closure. In such an environment, prospective employees are often asked to undertake a period of work observation, or work trial. It is important for employers to ensure that any such [...]
The full bench of the Employment Court in Metropolitan Glass & Glazing Limited v Labour Inspector recently assessed whether certain discretionary incentive payments form part of an employee’s gross earnings under the Holidays Act (“Act”). The meaning of ‘gross earnings’ underlies a number of calculations under the Holidays Act. As such, it is vital to ensure that ‘gross earnings’ is calculated correctly, as it [...]
Policies, laws need to catch up with Covid world, say experts. By Nicola Shepheard Wed, 15 Jul 2020 A growing portion of Mike Treen’s work these days involves helping newly redundant workers navigate the byzantine and often perverse intricacies of welfare support. Treen, Unite Union national director, said that although the full Covid-19 income relief payment is more than double the basic adult jobseeker [...]
Since the Wage Subsidy was first introduced on 13 March 2020, the Government has refined and clarified aspects of the Wage Subsidy as we see it operate in practice. The latest Government update has confirmed something that we have known since its inception, that the Wage Subsidy does not override any rights or obligations arising out of employment law or an employment agreement. [...]
Earlier today, the Government declared a state of national emergency, pursuant to its powers under the Civil Defence Emergency Management Act 2002. This is in addition to the Government ordering the close down for all non-essential businesses and services for a period of 4 weeks commencing on 11.59pm Wednesday, 25 March 2020. With these developments in mind, employers will naturally be wondering what their [...]
What is happening? Fears regarding the ripple effects of the Coronavirus (COVID-19), notably the potential for a recession and rising unemployment, have become a real concern in New Zealand. Particularly, as new unprecedented travel restrictions were recently put in place, to help prevent the spread of COVID-19. These came into effect on Monday 16th March at 1am. Any person from any country, excluding the [...]
Independent contractor or employee – what is the test? The distinction between the two categories of workers – employees and independent contractors – has long been fraught with uncertainty. Under the Employment Relations Act 2000 and other related legislation, such as the Minimum Wages Act 1983 and the Holidays Act 2003, employees have minimum employment rights, which independent contractors do not have. This means [...]