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1 month ago | 
hcamag.com | Elisabeth Giles |Sarah Wadworth |Fiona McMillan |Andrew Shaw
Cummings subsequently undertook a drug test on 4 September 2020, which returned clear. Cummings returned to work after that, although the disciplinary process remained in place.
Rumours about drug test
It soon became apparent to Cummings that false rumours regarding the drug test and its outcome had spread amongst his colleagues. Cummings was confronted by a forklift driver who told him that she and others had heard that he was a drug dealer and had been dismissed from his job.
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2 months ago | 
hcamag.com | Helena Scholes |Sarah Wadworth |Fiona McMillan |Andrew Shaw
Collective bargaining allowed
In early 2024, the Authority accepted the notice had been validly given because HPSNZ was an employer and TAC was a union within the context of the Employment Relations Act 2000.
This meant that collective bargaining could be initiated and was not limited by the fact that the union had no current employees.
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Jan 10, 2025 | 
hcamag.com | Tamsin Woolf |Gwen Drewitt |Andrew Shaw |Fiona McMillan
Case serves as reminder that employers should be careful if choosing an advocate who isn’t member of regulatory body
A recent case is a good reminder to choose advocates and lawyers carefully. Advocates who are members of the Employment Law Institute of New Zealand and lawyers are bound by certain ethical rules, while others are not.
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Nov 28, 2024 | 
hoganlovells.com | Andrew Shaw |Firas Albani
Touching on some of the key provisions of the law gives us an indication of the direction of travel for the country: Article 5 (National Pathway to Climate Neutrality): Provides that the cabinet shall set annual emission reduction targets for all sectors by following international best practices and in accordance with the national pathway to climate neutrality.
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Nov 15, 2024 | 
hcamag.com | Abby Lohrey |Gwen Drewitt |Andrew Shaw |Fiona McMillan
Proposed NZ legislation follows Australian trend criminalizing workplace fatalities
Industrial manslaughter has recently become an offence in New South Wales and might not be too far away in New Zealand if we follow Australia’s lead.
It’s a significant development for Australia’s workplace health and safety regime and carries hefty penalties of up to $20 million for a body corporate and 25 years of imprisonment for an individual.
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Oct 17, 2024 | 
lexology.com | Abby Lohrey |Gwen Drewitt |Andrew Shaw |Fiona McMillan |Andy Bell
Industrial manslaughter has recently become an offence in New South Wales and might not be too far away in New Zealand if we follow Australia’s lead. It’s a significant development for Australia’s workplace health and safety regime and carries hefty penalties of up to $20m for a body corporate and 25 years of imprisonment for an individual. It’s a timely reminder for businesses to ensure they are complying with their health and safety obligations.
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Oct 7, 2024 | 
lexology.com | Ben Sulaiman |Andrew Shaw |Firas Albani
We recently attended the Carbon Capture Global Summit held at the QEII Centre in London. The summit, attended by Partners Ben Sulaiman and Andy Shaw, and Senior Associate Firas Albani, serves as a global forum dedicated to advancing the journey toward net-zero emissions by harnessing the transformative potential of Carbon Capture, Utilization & Storage (CCUS) technology.
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Sep 25, 2024 | 
lexology.com | Helena Scholes |Gwen Drewitt |Fiona McMillan |Andy Bell |Andrew Shaw
The laws governing flexible working arrangements are under the spotlight following a recent top-down Government directive for public servants to work from their workplaces.
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Sep 20, 2024 | 
hcamag.com | Andrew Shaw |Fiona McMillan |Andy Bell
Consultancy had duty under Health and Safety at Work Act
In a New Zealand first, a health and safety consultancy has been charged under the Health and Safety at Work Act 2015 (HSWA) after a worker suffered a traumatic brain injury.
The worker was hit from behind by a telehandler, leading to the sentencing of a number of organisations (PCBUs) – including last month’s sentencing of a health and safety consultancy with a price-tag of almost $100,000.
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Sep 2, 2024 | 
lexology.com | Andrew Shaw |Fiona McMillan |Andy Bell
In this long-awaited decision, the Court of Appeal (CA) has affirmed the Employment Court’s 2022 decision, by finding that four Uber drivers were in fact employees and not independent contractors. The distinction between an employee and an independent contractor is an important one because employees are afforded significantly more protection than contractors. These protections include leave entitlements, the minimum wage, holiday pay, and the ability to bring a personal grievance.
