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 [...]
We reflect on the important message Mental Health Awareness Week promotes. In particular, the focus this year, to “Reimagine Wellbeing Together – He Tirohanga Anamata” goes a long way, especially given the present climate which has put mental health and wellbeing in the spotlight recently. Everyone – one way or another – has been affected by the COVID crisis. We ought not to [...]
Although Auckland is currently in Alert Level 3, most businesses can lawfully operate with certain constraints, provided they have systems and processes in place to ensure measures are taken to manage the risk of COVID-19 transmission. The COVID-19 Public Health Response (Alert Levels 3 and 2) Order 2020 (“Order”) came into force at 11:59 am on 12 August 2020. Under the Order, businesses and [...]
This article was written by Priscilla Dickinson, and published on Newshub (19 August 2020). As COVID-19 testing ramps up, employees may be wondering if their employer can make them get tested, and if they can refuse. On Tuesday, 18,421 COVID-19 tests were completed: 616,377 have been carried out since January 22. The Ministry of Health urges anyone who has COVID-19 symptoms to get a test - [...]
This afternoon, 17 August 2020, the Government announced the details of the second extension to the COVID-19 Wage Subsidy, designed to assist employers suffering the effects of the second wave of the virus in New Zealand. The cost of the new scheme, the COVID-19 Resurgence Wage Subsidy, is estimated to be $510 million, bringing the total cost of the already existing extension, and the [...]
Following the Prime Minister’s recent announcement, Auckland will remain at Alert Level 3, whilst the rest of New Zealand will remain at Level 2 until 11:59pm on 26 August 2020. In times of national crisis’ such as COVID-19, many questions circulate about the extent of the Government’s authority to issue orders and directives. For some, these may be questions around the extent to [...]
As of midday today, Auckland once again proceeded to Alert Level 3, while the rest of the country proceeded to Alert Level 2. Naturally, this comes with great disappointment and fear about what the future holds. Though the Government has announced that the move into the respective Alert Levels is expected to last until midnight Friday, we could reasonably predict an extension. Especially [...]
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 [...]