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Category: Employment

  • 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 ...

  • Employment: Increased Penalties and Awards

    3 September 2018

    In April 2016, legislation changes were introduced, which intended to strengthen the enforcement of employment standards. The aim of the changes was to ensure that breaches of employment standards, such as paying minimum wages, holiday entitlements, and keeping proper wage and time records, are dealt with appropriately. The changes also aimed to provide an effective deterrent while trying to avoid imposing unnecessary compliance costs on employers. The amendments increased maximum penalties in the Employment Court from $10,000 to $20,000 for an individual ...

  • Work visa applications for overseas employees and employment law requirements

    3 September 2018

    Employers should be aware of the interplay between immigration requirements and employment law requirements when recruiting from overseas. This is important given the current shortfalls in certain sectors of skilled labour in New Zealand, especially in the construction sector.Often, there will be immigration requirements for an acceptable employee to obtain a work visa so they can work lawfully in New Zealand. For example, there are requirements that an offer of employment is sustainable, full-time, and for a certain level of ...