Uber Drivers Declared Employees
In October last year, the Employment Court held that four Uber drivers were employees, not independent contractors. Uber has now sought leave to appeal the decision to the Court of Appeal.
Hybrid working
The application of the existing unfair contract terms (UCT) regime which applies to standard form contracts between businesses and consumers has been extended to apply to standard form "small trade contracts" pursuant to the Fair Trading Amendment Act 2021 (the Act) which came into force on 16 August 2022.
Employer Accreditation Process Changes
From 4 July 2022 all New Zealand employers who want to employ new migrant workers or retain their current migrant workers will need to be accredited. The new accreditation system replaces six existing temporary work visas.
New Zealand Income Insurance Scheme
Earlier this year, the government set out its proposal to provide income protection for those who lose their job as a result of redundancy or health issues.
Fair Pay Agreements Bill
On 29 March 2022, the 'Fair Pay Agreements (FPA) Bill' (Bill), was introduced into Parliament. The Bill is currently open for submissions until 19 May 2022 and is expected to pass into law by the end of this year.
Vaccinations in the Workplace
The current nationwide lockdown has thrown into sharp relief the need for workplaces to remain prepared and responsive to the challenges Covid-19 raises. An important part of this is putting in place clear rules and guidelines for staff about Covid-related issues.
Contractors
From a legal perspective, hiring contractors has always been tricky. The onus of correctly identifying who is an employee versus a contractor, and ensuring legal compliance, remains an employer’s responsibility. The financial consequences of misidentification can be significant for a business owner.
Does your workplace have a Covid-19 policy?
The current nationwide lockdown has thrown into sharp relief the need for workplaces to remain prepared and responsive to the challenges Covid-19 raises. An important part of this is putting in place clear rules and guidelines for staff about Covid-related issues.
Lockdown government support
Businesses have a number of subsidies available to them to help meet their wage costs during the current lockdown. The following article provides a summary of the subsidies that are currently available and the criteria for accessing them.
Lockdown employment obligations
New Zealand is once again experiencing an Alert Level 4 lockdown, during which the vast majority of businesses are either operating remotely or not at all.
Post-Covid working world
Covid has thrown a spanner in the works in the way we carry out our day-to-day business. It has, however, given us all an opportunity to work in different ways. It is important to ensure your employment documentation reflects your workplace’s new normal.
New Sick Leave Rules 2021
From 24 July 2021, the new rules relating to employees' sick leave entitlements will come into effect. Employers need to be conscious of how the rules apply depending on when an employee started work because they do not apply to everybody in the same way.
Restraint of trade clauses
Restraint of trade clauses are common in the sale and purchase of a business and in some employment agreements.
Employing people with a past
Employing staff is never a simple process. Finding people with the right skills and personality to fit into your team can be challenging.
Employees as Minority Shareholders
You have identified an employee who plays an important role in your business. You want to reward their efforts and offer an incentive that keeps them invested in growth of... >
Reasonable pay for employees
In 2016, a series of legislative changes were introduced to protect employees, largely in response to "zero-hour" contracts.
Employment law changes ahead
Last year saw many changes in the employment law sphere, with the Labour-led government delivering on promises of reform in this area
Enforceable undertakings
Enforceable undertakings were introduced in the Health and Safety at Work Act 2015 (HSWA) as an alternative to prosecution. In this article we discuss the features of this alternative and the potential benefits of taking this path.
Employee or Contractor?
The distinction between an independent contractor and an employee is not always clear, but the recent decision of the Employment Relations Authority highlights the serious consequences for employers who get it wrong.
Business Briefs
European Union: privacy law update / Commerce Commission action in respect of extended warranties / Workplace culture crackdown
Second thoughts
What happens when your employee wants to retract their resignation?
Are you complying with the Holidays Act?
Over the last few months, a number of high profile New Zealand businesses and government departments have discovered issues with their calculation and payment for their employees’ holidays and leave...
Questions you shouldn’t ask
Job interviews can be a challenge for both employers and applicants. We look at what you can and cannot ask...
Business Briefs
Is your business infringing existing intellectual property rights? Do your homework...
Compensation for hurt and humiliation
Employers now, more than ever, need to treat their employees properly to ensure they do not face significant compensation awards for personal grievance claims.
Asbestos in commercial buildings
Is your commercial building compliant with the Health and Safety At Work (Asbestos) Regulations 2016?
Easter Trading and Public Holidays
With Easter upon us, it is a good idea to review the rules around public holidays in the Holidays Act and Easter trading rules.
Employment law changes announced
As expected, the government has unveiled sweeping changes. We summarise them here...
Employment law changes coming
We summarise the key areas in which changes are expected in the very near future...
Business briefs
Employment (Pay Equity and Equal Pay) Bill - What could this mean for your business and employees? / Contract and Commercial Law Act 2017 now in force - Make sure your business documents comply / Security Cameras - When does surveillance become an invasion of privacy? >
Health & safety: first sentencing
WorkSafe New Zealand has reported the first sentencing decision under the Health and Safety at Work Act 2015 this week. The decision is the first guidance available about the interpretation of the Act... >
Kaikoura earthquake
The Kaikoura earthquake was another reminder of the volatile and unpredictable nature of our land. We set out some guidance on points if you own, or are a tenant in, a commercial building potentially affected by earthquake damage. >
Children and holiday care disputes
In 2014, the law governing parenting disputes between separated parents was amended. Find out how this new regime applies to ‘semi-urgent’ cases dealing with parenting disputes around Christmas holiday care arrangements... >
Employment agreements
Do all your Employees have Employment Agreements, and do they comply? A recent report from Statistics New Zealand suggests that nearly 1 in 10 employees do not have a written employment agreement. >
Business briefs
Alert: Put a start date on your employment contracts; Employee share scheme tax update; An unsettling agreement; and When does a director ‘live in New Zealand’? >
Employment legislation changes
The Employment Standards Legislation Bill, out 1 April 2016, brings a raft of changes to employment law, this affects employment relations and employment standards. We summarise the main changes here... >
Health & Safety Work Act
We summarise below the most significant parts of the new Act that comes into force on 4 April 2016, and steps you should be taking to prepare. Here's what you need to know.>
Redundancy and restructuring - update
Employers need to take care when proposing to make employees redundant. The recent Court of Appeal decision in Grace Team Accounting v Brake has confirmed a growing body of cases with the courts putting restructuring and redundancy decisions under increased scrutiny. >
A policy suite for all employers
Employers should ensure they have policies and procedures in place to comply with their employment, and health and safety obligations, and to deal with common employee issues that arise. Here's a summary of what most workplaces should have... >
Employment Relations Act changes
The Employment Relations Amendment Act 2104 brings a raft of changes aimed at increasing flexibility for both employers and employees. We summarise below the main changes that may affect you and your business. >