Joseph Harrop

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Articles

Employee vs contractor - greater clarity or more confusion?

Oct 1, 2024 | lexology.com | Tamsin Woolf |Joseph Harrop |Andy Bell

We now have more details on proposed changes to the employee vs independent contractor test in Section 6 of the Employment Relations Act 2000, including an expectation that a Bill amending the Act will be introduced in 2025. The changes appear to be intently focused on Uber and similar gig economy services, so may not be as wide-reaching as first envisaged. Click here to read more about the earlier Court of Appeal Uber decision, and here for our earlier story about the proposed changes.
Has my employee abandoned their employment?

Aug 9, 2024 | hcamag.com | Joseph Harrop |Elisabeth Giles

Employers must take certain steps before determining an employee has left their job There are a number of steps employers should take when determining whether an employee has abandoned their job, according to experts in Lane Neave’s Employment Law team. This is because abandonment is not always clear-cut – even if an employee walks off the job, doesn’t return from leave, or fails to show up at work for an extended period of time.
Has my employee abandoned their employment?

Aug 5, 2024 | lexology.com | Joseph Harrop |Elisabeth Giles

There are a number of steps employers should take when determining whether an employee has abandoned their job, according to experts in our Employment Law team. This is because abandonment is not always clear-cut – even if an employee walks off the job, doesn’t return from leave, or fails to show up at work for an extended period of time. Top tips for employers include avoiding assumptions, not rushing the process and making reasonable efforts to contact the employee in question.
Court of Appeal U-turn finds family carers are not employees

May 24, 2024 | hcamag.com | Joseph Harrop

Decision overturns finding that Ministry of Health was liable as an employer for family carers The long-running legal debate about funding family carers for disabled people has taken a U-turn, following a decision that they are not Ministry of Health (MOH) employees. The Court of Appeal recently ruled in Attorney-General v.
Court of Appeal U-turn finds family carers are not employees

May 2, 2024 | lexology.com | Joseph Harrop

The long-running legal debate about funding family carers for disabled people has taken a U-turn, following a decision that they are not Ministry of Health (MOH) employees.
Adventure and adrenaline - new regulations

May 1, 2024 | lexology.com | Joseph Harrop |Abby Lohrey

New regulations have been introduced that broaden WorkSafe’s powers and impose new obligations on operators of adventure activities – read on for key changes. The Health and Safety at Work (Adventure Activities) Amendment Regulations 2023 (Regulations) came into force on 1 April 2024, hot on the heels of the Whakaari White Island litigation. Operators should make sure they understand their obligations under the new Regulations and change practices to ensure compliance.
Should warnings be time-bound?

Mar 28, 2024 | lexology.com | Joseph Harrop |Tamsin Woolf

It is well established that a warning can be issued to an employee following a fair and reasonable disciplinary process where it is found that the employee has engaged in misconduct. This article explores the issue of time-bound written warnings. ‘Time binding’ warnings establishes a time frame where the warning can be relied upon if another incident of misconduct arises.
90-day trials: a refresher

Dec 15, 2023 | lexology.com | Joseph Harrop

A switch in Government from left to right invariably results in a return of 90-day trial periods for all businesses. This is expected to take effect before Christmas. What is a 90-day trial period?
Court issues Whakaari/White Island health and safety conviction

Nov 24, 2023 | hcamag.com | Joseph Harrop |Elisabeth Giles

Owners controlled workplace used by tour companies it licensed to operate Whakaari Island’s eruption back in December 2019 was catastrophic, killing 22 people and injuring 25 others. A force of nature cannot be prevented, but questions and recriminations still naturally followed as to whether the human impact could have been avoided, or at least mitigated.
Court issues Whakaari/White Island Health and Safety conviction

Nov 8, 2023 | lexology.com | Joseph Harrop |Elisabeth Giles

Whakaari Island’s eruption back in December 2019 was catastrophic, killing 22 people and injuring 25 others. A force of nature cannot be prevented, but questions and recriminations still naturally followed as to whether the human impact could have been avoided or at least mitigated.