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2 weeks ago | 
hcamag.com | Fiona McMillan |Andrew Shaw |Andy Bell |Abby Lohrey
Frustration of employment agreement
In the decision of DQJ v.
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2 months ago | 
hcamag.com | Elisabeth Giles |Andrew Shaw |Fiona McMillan |Andy Bell
Enforceability of forfeiture clause address in recent Employment Court decision
Employers seeking to recover damages from an employee who fails to work out their notice period need to meet a range of conditions for it to be enforceable.
The Employment Court has recently determined that a clause requiring an employee to give one month’s notice of termination or, in the alternative, forfeit a month’s salary/wages (forfeiture provision) was unenforceable.
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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 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 4, 2024 | 
hcamag.com | Helena Scholes |Gwen Drewitt |Fiona McMillan |Andy Bell
Public sector looking to bring workers back to office, but employees can request flex work
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.
Finance Minister Nicola Willis has asked public sector department bosses to “tighten up on working-from-home arrangements,” stating that working from home arrangements are not an entitlement.
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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 25, 2024 | 
lexology.com | Tamsin Woolf |Holly Struckman |Andrew Shaw |Andy Bell |Fiona McMillan
While the threshold for overturning a Record of Settlement is high, a recent case highlights the importance of employers being mindful of mental capacity concerns when entering into settlement agreements. As an employer, it is prudent to take a moment to assess whether the employee has any known medical conditions that could affect their capacity or is exhibiting signs of distress or confusion beyond the usual stress associated with employment matters.
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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.
