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 [...]
When a conditional offer of employment is withdrawn, is there a right to raise a personal grievance?
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have been brought by prospective employees after a conditional offer of employment has been accepted and subsequently withdrawn by the prospective employer.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 [...]
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.