Tricky Sickies

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 [...]

Tricky Sickies2021-08-16T13:28:53+12:00

Recent Insights – Medical Incapacity Termination

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 [...]

Recent Insights – Medical Incapacity Termination2021-08-09T13:33:33+12:00

Amending the Holidays Act… again – the next steps

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 [...]

Amending the Holidays Act… again – the next steps2021-08-16T13:30:07+12:00

Personal Grievances: Areas of Interest and Advice for Employers

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 [...]

Personal Grievances: Areas of Interest and Advice for Employers2021-04-16T16:24:05+12:00

STOP PRESS: Holidays Act Taskforce Report Released

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 [...]

STOP PRESS: Holidays Act Taskforce Report Released2021-03-03T10:25:58+13:00

COVID-19 and Workplace Stress

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 [...]

COVID-19 and Workplace Stress2021-02-17T13:51:50+13:00

Employment Landscape Update

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 [...]

Employment Landscape Update2020-12-23T10:46:51+13:00

Is a job advert requiring applicants to be vegan discriminatory?

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 [...]

Is a job advert requiring applicants to be vegan discriminatory?2020-12-11T13:46:32+13:00

Preparing for the Privacy Act 2020

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 [...]

Preparing for the Privacy Act 20202020-11-10T15:53:39+13:00

Restructuring and Redundancies, particularly in the wake of COVID-19

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 [...]

Restructuring and Redundancies, particularly in the wake of COVID-192020-11-10T15:37:27+13:00
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