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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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Jul 19, 2024 | 
hcamag.com | Gwen Drewitt
Intention of parties considered by courts; new legislation could be narrower
The government appears to be moving ahead with plans to prevent independent contractors from challenging their employment status through the courts.
The announcement is hot-on-the-heels of a challenge to the Employment Court’s decision that Uber drivers were employees in law - E tū Inc & Anor v. Raiser Operations BV & Ors, [2022] NZEmpC 192.
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Jul 12, 2024 | 
hcamag.com | Gwen Drewitt |Elisabeth Giles
Availability issues in employment and requiring overtime
Personal grievances and claims for wage arrears are just two consequences of poorly worded employment agreements when it comes to overtime.
Employment agreements often detail that the employee must work such hours that are necessary for the requirements of their position, or until their tasks are completed.
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May 13, 2024 | 
lexology.com | Abby Lohrey |Gwen Drewitt
An alarming number of suicides in New Zealand are work related and a recent report by WorkSafe highlights the crucial role that employers play in creating safe working environments. Under the Health and Safety at Work Act 2015, employers must provide a safe working environment for their employees – including when it comes to their mental health and wellbeing. The WorkSafe report highlights the importance of employers understanding and complying with these obligations.
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Apr 30, 2024 | 
lexology.com | Helena Scholes |Maria Green |Gwen Drewitt
The devil is in the detail when it comes to employment agreements, as highlighted by a recent court case where ambiguity was costly for the employer. In the 2023 decision Supercity Towing Ltd v Huch,[1] the Employment Court interpreted ambiguity in the employment contract against the party that drafted the agreement – Supercity.
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Apr 26, 2024 | 
hcamag.com | Gwen Drewitt |Abby Shieh
Definition can vary depending on employment agreement, case law
A lot of employers and employees wind up in the Employment Relations Authority (Authority) - and sometimes in the news - due to a restructure going awry. The employer will defend their restructure, saying it was genuine and backed by sound business rationale; the employee will argue the restructure was a sham or that they weren’t consulted adequately before being made redundant.
