Enterprise bargaining; Industrial disputes; Regulatory decisions; Agreements
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…
It is important for employers to pay regard to Immigration New Zealand’s upcoming remuneration changes. As of the 24 February 2020, wage and salary thresholds are increasing for those wishing to obtain either a Skilled Migrant resident visa or an Essential Skills work visa. This change comes as a result of Immigration New Zealand’s annual…
Year in review and outlook for 2020 Ongoing change is the notorious hallmark of New Zealand employment law, and 2019 maintained that reputation. We saw a number of fundamental revisions in the legal landscape, the full implications of which are yet to be seen. 2020, as an election year, may have less legislative reform on…
Business owners and managers will know that finding the right person for a role can be difficult and time consuming. Once the right person is found, it’s understandable that businesses will want to do what they can to ensure that the successful candidate remains in that role. But what if the perfect person for the…
THINGS YOU NEED TO KNOW Casual employment is often fluid and can change over time. Casual employment arrangements remain subject to significant scrutiny by the FWC and Federal Courts. WHAT YOU NEED TO DO Review your arrangements with casual employees and determine if they may have protection from unfair dismissal, or if any change in…
As of 1 March 2020, some employers will be faced with a number of new obligations in respect to annualised wage arrangements for award-covered employees. The changes, a result of the Fair Work Commission’s[1] 4-yearly review of modern awards, introduce model annualised wage clauses into 22 awards. The applicable awards are set out in this…
2019 saw many legislative and jurisprudential developments in employment law which should be top of mind for employers moving forward in 2020. In this article, we summarise the main issues to watch in 2020. The underpayment crisis – “wage theft” The recent spate of very public self-reported wage underpayments by businesses has resulted in increased…
Parental Leave Entitlements: the cost of getting it wrong and how not to Shanni Zoeller Throughout the life of your business, you will have employees take parental leave. It is important to know what their parental leave entitlements are, so you can ensure appropriate arrangements are made to accommodate both the business and the employee…
Tourism Holdings Limited operates a tour bus business throughout New Zealand called Kiwi Experience. A dispute has arisen about how to calculate holiday pay for the company’s drivers. This case has been granted leave to appeal to the Court of Appeal on the following issues: • The meaning of ‘not a regular part of the…
A third category of worker (a hybrid between an employee and independent contractor) may be introduced in New Zealand if changes proposed in the Government’s latest Discussion Paper are implemented. On 26 November, the Ministry of Business, Innovation and Employment (MBIE) issued its Discussion Paper “Better protections for contractors”. MBIE is asking for submissions in response to…