Category: Employment

  • Employment Law Update: Duty to Act Fairly and Reasonably in Any Disciplinary Process

    11 October 2022

    A recent decision from the Employment Relations Authority (ERA) emphasised substance does not override process. Even where an employee has acted unlawfully, this will not absolve the employer of the obligation to act fairly and reasonably in any disciplinary process that may follow.In the decision of Curnow v Advanced Security Group (Sth Is) Limited [2022] NZERA 359, an employee of Advanced Security Group admitted to covertly recording employees in the workplace and was dismissed as a result.The employee raised a ...

  • Updates to Employment Law

    4 March 2022

    There have been several recent changes to laws, which affect employers and employees and which impact on employee’s rights:Sick leave – the statutory minimum was increased from 5 days to 10 days per annum as from 24 July 2021. Employees get the extra 5 days per year when they reach 6 months’ employment or on their sick leave entitlement anniversary (12 months after they were last entitled to sick leave). As always, an employer may agree to grant additional leave ...

  • Employment Law Updates

    24 July 2020

    Calculating Holiday Pay – Impact of BonusesAn employer has an obligation to pay all employees the right amount at the right time for holidays and annual leave.Make the payment for annual holidays at the start of an employee’s holiday and calculate the payment at the rate of the greater of the employee’s ordinary weekly pay or average weekly earnings for the preceding 12-month period. Ordinary weekly pay or average weekly earnings are calculated based on the employee’s gross earnings. The ...

  • Terminating Employment

    11 February 2020

    An employee is entitled to resign from their job at any time and for any reason; the only obligation being to give the notice required under their employment agreement.An employer, however, cannot terminate a worker’s employment by giving unilateral notice without cause. Under New Zealand law, principally governed by the Employment Relations Act 2000, an employer requires a lawful reason to terminate a worker’s employment. And, the employer must also follow a fair and reasonable process before making the final ...

  • Individual Employment Agreements

    5 July 2019

    Are you considering selling your business? Or, are you looking to take disciplinary action against an employee, terminate their employment even? Or, are you wanting to protect your confidential information and trade connections?It is a statutory requirement for every employee to have a written employment agreement (the obligation falling on the employer to provide such an agreement). As well as to comply with the statutory obligation, the purpose of an employment agreement is to ensure that you and your employee ...

  • Updates in Employment Law – Recent Changes to Employers’ Obligations

    10 April 2019

    Minimum Wage:As from 1 April 2019, the minimum wage has been increased to $17.70 per hour (with the starting out or training rate increased to $14.16). Employers are required to advise any affected employees and record the change in writing. This can be done by drafting a Variation Letter for the employee to sign. A copy of the signed Variation Letter should be retained for the employer’s record, which will then be available in the event of an audit by ...