News/Articles

Employer rights and obligations regarding union access to workplaces

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With the Employment Relations Amendment Bill proposing to roll back the clock on many aspects of union rights in the workplace, it is timely to consider the law presently, and what are employer rights and obligations regarding union access in the workplace.

The rights of Union representatives to access workplaces

Section 20 of the Employment Relations Act 2000 provides the right for union representatives to have access to workplaces to:

  • Discuss union business with its members;
  • Recruit new union members;
  • Provide union information to any ...
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Workplace family violence action

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On 25 November, we acknowledged White Ribbon Day, the international day for the elimination of men’s violence against women. Given the high levels of domestic violence in New Zealand, and its devastating impact, is timely that we consider the Victims’ Protection Bill introduced into Parliament earlier this year by Green Party MP, Jan Logie, to help employees who are victims of domestic violence.

The unusual circumstance of unanimous Parliamentary support for the Bill in its first reading is demonstrative of the ...

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Anonymous accusations and the use of secret witnesses

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This article outlines employer obligations to provide all relevant information to an employee who is the subject of an employment investigation, including the details of a complaint and the identity of complainants and witnesses.

Natural Justice

In almost all circumstances, natural justice will require that an employer identify the individual who raised a complaint or was a witness to an incident.

An employer conducting a disciplinary or performance investigation is guided by a number of obligations, set out in the Employment Relations Act.  ...

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Thinking Outside the Box to Home Ownership

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Buying your first home is a very exciting time. Unfortunately, rapidly increasing house prices means that it is becoming increasingly difficult for first home buyers. This coupled with the rental shortage has put many families in difficult situations.

In the recent election, many promises were made to improve the New Zealand housing situation and provide more security for renters. The best form of security may be for renters to get creative with their options to secure a home of their own.

Most ...

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The Employment (Pay Equity and Equal Pay) Bill fails to deliver

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The Government’s introduction of the Employment (Pay Equity and Equal Pay) Bill, following a multi-billion dollar settlement with aged care and disability support workers, has rightly attracted significant criticism.  In this article, we explain why.

Background

The recent Care and Support Workers Equal Pay Settlement Agreement (following the “Terranova” litigation), and related legislation, resolved litigation pursued by support workers within the aged care, disability and home and community support sector.  Led by the unions on behalf of claimant Kristine Bartlett, it was ...

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