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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
The Holidays Act Taskforce has now completed its report, and the Government announced on 23 February 2021 that it has accepted all of the recommended changes. The changes will be introduced in early 2022, giving employers time to adjust their payroll systems and practices to ensure compliance. The changes proposed by the Taskforce are intended to make it easier for employers to calculate leave [...]
On 14 February 2021, the Government announced that Auckland would again move to COVID-19 Alert Level 3 with the rest of the country moving to Alert Level 2, until midnight on Wednesday. This unexpected announcement has caused anxiety and stress levels to soar as we face the potential for another extended lockdown. The renewed disruption, isolation, and pressure to work in changing environments creates [...]