Health, Wellbeing & EEO

New Zealand: The Coronavirus and the workplace

Many of you will have seen media reports about the reasonably quick spread of coronavirus to different parts of the world. While (at the time of writing) there are no confirmed New Zealand cases, the Ministry of Health has advised that the chance of a case being imported into New Zealand is high (although the...

Talent & Performance

5 Tips for Managing Remote Workers

COVID-19. It could end up being the single biggest cause for a massive uptake in flexible and remote working practices. With the increasingly restrictive orders being made by Government, many businesses have been forced to close their doors to the public. This restriction is fostering innovative practices, and also a mad rush to implement working...

Dismissal, Behaviour, Investigations

New Zealand: Compulsory redundancy compensation on the cards?

Could we see ACC or Kiwisaver style unemployment accounts requiring mandatory contributions from employers and employees? The Government’s Productivity Commission has released its second draft report, “Employment, labour markets and income,” focusing this time on technological change and the future of work in our country’s labour markets. Now is the time to have your say...

Injury, Safety & RTW

Clarifying a company’s rights as a defendant to a safety prosecution

A recent decision of the Full Federal Court in Helicopter Resources Pty Ltd v Commonwealth of Australia has clarified that a company which is a defendant to a safety prosecution has substantially the same rights as a natural person under the system of criminal justice. Accordingly, with the exception of producing documents in response to a subpoena,...

Employee Relations & IR

New Zealand: Employers must consult with their employees before taking action

The Employment Relations Authority (ERA) recently found in Fensom v KME Services NZ Pty Limited that employers must properly consult with their employees over a change to workplace practice before it is made.  The ERA decided the employee had been unjustifiably disadvantaged and subsequently dismissed as he was not given the opportunity to explain his reasons for...

Disputes, Liabilities, Case Law

2020 and what it means for employers – New Zealand

Often when employers call us with a question or problem they ask “Is this happening a lot at the moment?” And nine times out of 10 the answer is “Yes”. Things come in waves. For example, the last couple of years we have seen an increase in employers managing bullying, harassment and sexual harassment complaints....