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(Updated 12 December 2024)
A trial period clause allows an employer to dismiss an employee during the initial period of their employment (up to 90 days) and the dismissed employee is not entitled to bring a personal grievance or other legal proceedings in respect of the dismissal. In a change that took effect on 23 December 2023, all employers in New Zealand, no matter…
Food delivery riders found to be independent contactors. Where British law goes, NZ often follows – so watch this space. https://www.theguardian.com/commentisfree/2023/nov/23/deliveroo-victory-riders-british-workers-gig-economy-europe?CMP=Share_iOSApp_Other (Posted 30 November 2023)
The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment ) Amendment Act became law on 13 June 2023. The time within which a personal grievance can be raised for sexual harassment has now been extended from 90 days to 12 months. As the Explanatory Note to the Bill set out, coming forward to report sexual harassment can be…
Post-Election Edition Welcome to our post-election edition of Crystal Ball. National has released its Action Plan for its first 100 days. There are three elements that are relevant to employment legislation: 90 Day No-Fault Trial Periods National says it will introduce legislation to restore 90 day no-fault trial periods for all businesses. No-fault trial periods are provisions in employment agreements that an…
Employment Agreements now often include “force majeure”, or business interruption, clauses. Their intended purpose is to make sure that an employee understands and agrees that their employment might end without notice if a natural disaster (“an act of god”) or other major event beyond the employer’s control makes it impossible for the relationship to continue: “no work no pay”. They…
We are often asked this question and if the employer can change reporting lines. An employer cannot make significant changes to your employment unless you agree. An employer may be able to have a restructuring where your position is disestablished and you are offered a new, lower-level position. You should seek legal advice if you have concerns about a restructuring.
This Act received Royal Assent on 1 November and will come into effect on 1 December 2022. The Fair Pay Agreement system brings together employers and unions within a sector to bargain for minimum terms and conditions for all employees in that industry or occupation. The legislation includes support for bargaining parties to help them navigate the bargaining process and…
E Tu Incorporated v. Carter Holt Harvey LVL Ltd [2022] NZ EmpC 141 The full employment Court (three judges deciding, rather than one) has unanimously found that a Carter Holt Harvey (CHH) company was not entitled to require employees to take annual leave in April 2020 during the COVID-19 Alert Level 4 lockdown. On 23 March 2020 the CHH Group…
This Act comes into force on 1 July 2022. It replaces the Protected Disclosures Act 2020. The key changes brought in by the new Act include: “Serious wrongdoing” is extended to include misuse of public funds or resources People can now report serious wrongdoing directly to an appropriate authority, at any time Protection for disclosers is strengthened by outlining what…
Budget 2022 Special Here’s our summary of the employment law elements in/aspects of today’s Budget: $100 million of capital funding has been set aside to contribute to a Business Growth Fund being developed alongside New Zealand’s major banks. The Government is looking to partner with those banks to grow the scale and reach of the Fund. This Fund is for…