In a recent decision by the Human Rights Review Tribunal, BGH v Kumar, the plaintiff took legal action against an employee in their personal capacity for sexual harassment endured during employment for a period of around 2 years. This decision is significant as cases such as this are not common in New Zealand, as it is much more common to pursue claims against [...]
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 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 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 [...]
Wednesday 23 December 2020 Much has happened during 2020. We have seen a Government which is able to self-govern for the first time since MMP was introduced, we have seen a number of tragedies from the Christchurch terror attacks to the White Island eruptions, and we have seen New Zealand come together in order to combat a pandemic which is unparalleled by anything [...]
SAFE defends 'vegan' requirement in job advertisement This article has been reproduced with the permission of Newshub. It was written by Rachel Sadler and Ireland Hendry-Tennent, and published by Newshub on 10/12/2020. Animal rights group SAFE is defending its job advertisement that required applicants to be vegan. SAFE posted a listing for a head of campaigns position on Wednesday. The advertisement says: "To be considered [...]
Discussions around reform for the 1993 Act began as early as 1998. The commencement of the new Act on 1 December 2020, will be a welcome change for many. With a greater reliance on technology in the modern era, the concept of privacy has changed greatly. Information and data are becoming more valuable than ever and the Privacy Act 2020 strengthens privacy protections by [...]
Due to the continued uncertainty created by COVID-19 both here and abroad, many businesses have, and continue to implement the undesirable, but necessary alternatives of restructuring, redeployment and redundancies. These processes involve stringent requirements which ought to be complied with, every step of the way. In this article, we outline an employer’s obligations when implementing the restructuring and/or redundancy process. We also examine [...]