Searching Content from New Zealand indexed under Employment Litigation/ Tribunals ordered by Published Date Descending.
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Critical Employment Law Changes
New Zealand employers should be aware that there are several significant legislative changes to the Employment Relations Act 2000 (the Act) taking effect this spring
New Zealand
22 May 2019
Sound health and safety guidance from pioneer case
The case, concerning a fatality in a kiwifruit orchard, provided helpful guidance on the extent of the duty of care.
New Zealand
16 Aug 2018
High Court decision on health and safety sentencing released
The High Court released its decision on sentencing appeals in the District Court for health and safety prosecutions.
New Zealand
11 Aug 2018
Christchurch employer banned from employing staff for three years
The employer was banned from employing staff and also ordered to pay a penalty, for multiple breaches of employment law.
New Zealand
23 Apr 2018
Is my business on the non-compliant employer list?
While on the list, the employer is unable to support an employee to apply for a further work visa or for residence.
New Zealand
7 Feb 2018
Resignations and Dismissals: Hot heads, walk outs, and cool downs – a warning note for employers
In heated situations, seek advice regarding the validity of resignations or the possibility of an unintentional dismissal.
New Zealand
6 Feb 2018
Covert recordings by employees as evidence
This article in Law Talk looks at the admissibility of covert audio recordings as evidence in an employment dispute.
New Zealand
28 Mar 2017
Enforceable undertakings as an alternative to prosecution
An enforceable undertaking is a legally binding agreement between WorkSafe and the duty holder to remedy a breach.
New Zealand
20 Sep 2016
The Health and Safety at Work Act - Rising fines for health and safety prosecutions
The Prepared Produce case shows that health and safety fines seem to be getting higher, particularly for repeat offences.
New Zealand
1 Apr 2016
Incompatibility – not a sacking offence, usually
One of the most bitter, expensive and protracted employment cases highlights how initially minor tensions can snowball.
New Zealand
31 Jul 2014
Human Rights Review Tribunal – a better option than the Employment Relations Authority?
The high monetary awards issued in these recent HRRT cases may make it a more attractive source of remedy for employees.
New Zealand
13 Mar 2014
Appeal Court to employers – don't mess with the labour inspectorate
The Appeal Court reaffirmed labour inspectorate powers and employer obligations to cooperate with HSEA investigations.
New Zealand
15 Jun 2013
Consequences for breaching confidentiality in mediated settlement agreement
A woman who lost her job was then fined for breaching the confidentiality provision in a mediated settlement agreement.
New Zealand
9 Sep 2012
Employer awarded $4.29 million for "springboard" effect of employees' breaches of contract
An employer was recently awarded damages against three former employees for breaches of their implied employment duties.
New Zealand
7 Jul 2012
Hobbit Employment Bill - small, but perfectly formed?
True to the terms of its deal with Warner Bros, the Government is rushing through a Bill to clarify the distinction between independent contractors and employees in the film industry.
New Zealand
29 Oct 2010
Problems Of ‘Preference’ When Only Some Staff Are Union Members
Collective bargaining has advantages for employers. There is no need to negotiate individual pay, terms and conditions with individual staff members.
New Zealand
3 Jun 2009
Anton Piller Orders Get A Makeover
Readers may recall that over the last three years there has been some controversy over whether the Employment Court and Employment Relations Authority (ERA) could issue Anton Piller orders.
New Zealand
3 Jun 2009
Procedural Fairness
Over the last year there has been a series of decisions from the Employment Court which have commented on the depth of a ‘fair process’. These cases make it clear that now more is expected from an employer when they are conducting a process that may impact on an employee’s continued employment than has been required in the past.
New Zealand
7 Jun 2007
Collective Employment Agreement Negotiations: The Battle For Hearts And Minds
There are regular examples of employers believing that Unions are misrepresenting their position to staff during Collective Employment Agreement negotiations, and trying to communicate directly with staff to explain their position. Similarly, there are examples of Unions claiming that employers have been communicating with staff in a way intended to undermine the Union’s negotiating position.
New Zealand
7 Jun 2007
How To Justify The Decision To Dismiss An Employee
Dismissing an employee has never been an easy task even if their conduct has been unacceptable. For most employers, the decision to dismiss, or to take some other form of disciplinary action is not a decision made lightly or without serious thought.
New Zealand
21 Mar 2007
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