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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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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.
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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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Jun 7, 2024 | 
hcamag.com | Tamsin Woolf |Maria Green
Covert recordings not good faith behaviour, but can be evidence in certain circumstances
Secret workplace recordings can sometimes be used as evidence in employment cases – and sometimes not – depending on the specific context, as highlighted by a recent case.
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May 2, 2024 | 
lexology.com | Tamsin Woolf |Maria Green
Secret workplace recordings can sometimes be used as evidence in employment cases – and sometimes not – depending on the specific context, as highlighted by a recent case. To ensure an accurate record of the meeting is kept, we would usually expect that in most important meetings with employees (such as disciplinary meetings) the audio of the meeting is recorded by agreement. Interesting legal issues arise, however, where recordings are made covertly.
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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.
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Jan 19, 2024 | 
hcamag.com | Gwen Drewitt |Tamsin Woolf
New bill allows employers with more than 20 employees to implement 90-day trials
On 21 December 2023, the Employment Relations (Trial Periods) Amendment Bill (the Bill) was passed by the Coalition Government under urgency. The amendments to the Employment Relations Act 2000 (the Act) ushered in by the Bill will take effect as law on the date the Bill receives Royal Assent.
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Oct 20, 2023 | 
hcamag.com | Gwen Drewitt |Tamsin Woolf
Recent decision confirms that bar for proof of family violence is low
The Domestic Violence – Victims Protections Act 2018 amended the Holidays Act 2003 (Act) and created entitlements to family violence leave. Section 72G of the Act provides that where an employee requests family violence leave, an employer may ask for proof that the employee is a person affected by family violence.
Unhelpfully, the Act does not define what “proof” means.
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Oct 7, 2023 | 
lexology.com | Gwen Drewitt |Tamsin Woolf
In our article in July, we discussed the Domestic Violence – Victims Protections Act 2018, which amended the Holidays Act 2003 (Act) and created entitlements to family violence leave. Section 72G of the Act provides that where an employee requests family violence leave, an employer may ask for proof that the employee is a person affected by family violence. Unhelpfully, the Act does not define what proof means.
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Jul 12, 2023 | 
lexology.com | Joseph Harrop |Tamsin Woolf
As we’ve noted in previous articles, once a Record of Settlement signed, it is sent to Employment Mediation Services to be certified by a mediator. The mediator will contact (usually by phone) each party independently to explain the effect of the mediator’s certification. Essentially this is that the settlement is binding, cannot be cancelled and the matters covered by the settlement cannot be the subject of litigation. Usually, no issues arise in respect of this process.
