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  • Article

    Dismissal Of An Unvaccinated Employee Was Justified: A New Zealand Ruling

    The New Zealand Employment Relations Authority has ruled that an employer acted reasonably in dismissing a Customs Service employee who refused to be vaccinated against COVID-19.
    New ZealandEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    The use of probationary periods in employment

    A probationary period enables an employer to assess the suitability of an employee in skills, diligence and personality.
    New ZealandEmployment and HR
    Wynn Williams
    Wynn Williams
  • Article

    Social media pitfalls in Blylevens v Kidicorp Limited

    A recent determinatoin suggests that perhaps even obvious principles benefit from being re-stated from time to time.
    New ZealandMedia, Telecoms, IT, Entertainment
    Cavell Leitch
    Cavell Leitch
  • Article

    Workplace surveillance a legitimate tool

    Employers can use surveillance technology in the workplace, but they must ensure respect for the privacy of their staff.
    New ZealandEmployment and HR
    Duncan Cotterill
    Duncan Cotterill
  • Article

    90 day trial periods – soon to change for some employers

    The Government announced that 90 day trial periods will be prohibited for any business that employs over 19 employees.
    New ZealandEmployment and HR
    Wynn Williams
    Wynn Williams
  • Article

    Employment law reforms announced

    The proposals focus on two key areas: employee rights and union rights, and mostly a roll-back of previous changes.
    New ZealandEmployment and HR
    Duncan Cotterill
    Duncan Cotterill
  • Article

    Employment Update - May 2019: Overtime or an availability provision?

    The Union successfully argued that the wording of the collective agreement included an unlawful 'availability provision'.
    New ZealandEmployment and HR
    Duncan Cotterill
    Duncan Cotterill
  • Article

    Pre - employment misrepresentations

    An employee has won an unjustified dismissal case after failing to disclose previous criminal convictions.
    New ZealandEmployment and HR
    Duncan Cotterill
    Duncan Cotterill
  • Article

    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 ZealandEmployment and HR
    Cavell Leitch
    Cavell Leitch
  • Article

    Can A Leopard Change Its Spots? – The Move From Employee To Independent Contractor

    We have already discussed at length the obvious impacts on employment in a recession. But what happens to people who are not employees?
    New ZealandEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Don't Touch! Lessons for employers about workplace policies and grounds for dismissal

    Mr B. was dismissed (justifiably on the finding of the ERA) because he turned a customer's car stereo up.
    New ZealandEmployment and HR
    Preston Russell Law
    Preston Russell Law
  • Article

    Employing seasonal workers

    Employers need to be mindful of their statutory obligations when employing seasonal workers.
    New ZealandEmployment and HR
    Duncan Cotterill
    Duncan Cotterill
  • Article

    Is Summary Dismissal legal in New Zealand?

    How summary dismissal works, when it is justified under law, how it relates to serious misconduct & the need for a fair process.
    New ZealandEmployment and HR
    LegalVision
    LegalVision
  • Article

    The Employer's Christmas Box

    Employers should take note of several key situations that could impact their employment relationships with staff.
    New ZealandEmployment and HR
    Wynn Williams
    Wynn Williams
  • Article

    Uber Driver Not An Employee: New Zealand Employment Court Ruling

    In a recent decision, New Zealand's Employment Court has found that an Uber driver was an independent contractor and not an employee.
    New ZealandEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    Hurting the firm out of hours can cost you your job: dismissal of employees over out of hours conduct

    A recent decision is a reminder to employees that conduct independent of the workplace can cost you your job.
    New ZealandEmployment and HR
    Chapman Tripp
    Chapman Tripp
  • Article

    Incompatibility – not a sacking offence, usually

    One of the most bitter, expensive and protracted employment cases highlights how initially minor tensions can snowball.
    New ZealandEmployment and HR
    Duncan Cotterill
    Duncan Cotterill
  • Article

    Strict interpretation of 90 day trial period continues

    Employers should be extremely careful when attempting to terminate an agreement under a 90 day trial period provision.
    New ZealandEmployment and HR
    Duncan Cotterill
    Duncan Cotterill
  • Article

    TikTok on the clock - Harmless fun or serious misconduct?

    Employers should develop a clear social media policy to regulate the use of TikTok and other applications in worktime.
    New ZealandEmployment and HR
    Cavell Leitch
    Cavell Leitch
  • Article

    Two Similar Cases - Two Different Outcomes - constructive dismissal before the Employee Relations Authority

    A discussion of some recent decisions by the Employee Relations Authority.
    New ZealandEmployment and HR
    Preston Russell Law
    Preston Russell Law

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