Posts Tagged 'employment law'

An employer’s right to know about criminal charges

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The extent of an employer’s right to know information about an employee has been clarified by the Supreme Court recently, where it held that employers will often have the right to know about an employee’s criminal charges, even if there is a suppression order in place.

The Supreme Court in ASG v Harlene Hayne, Vice Chancellor of the University of Otago, considered the case of “ASG”, a Campus Watch Security Guard employed to work at the University of Otago.  While employed, XASG ...

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Anti-bullying week – we must do better

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This week, during anti-bullying week, we should all be mindful of New Zealand’s appalling statistics with regard to the incidences of bullying in the workplace. It is high time that employers take a more proactive approach to managing workplaces, so that employees do not experience unreasonable risk and the harm that inevitably follows.

The Chief Human Rights Commissioner has highlighted that:

“when we combine our bullying and suicide statistics with our shocking violence and abuse statistics the picture is very clear – some of ...

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“Grace Period” over for Employers – Review Your Employment Agreements

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Employment standards legislation was introduced on 1 April 2016 with the intention of improving the fairness and productivity in workplaces. Employers were provided with a one year grace period to familiarise themselves with the changes and make any required amendments to individual employment agreements entered into from 1 April 2017 onwards.[1]

The key changes for employers relate to zero-hour contracts, secondary employment provisions and cancellation of shifts for shift workers. Here’s a quick overview.

Zero-hour contracts

Zero-hour contracts are now prohibited.

Where ...

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The race to the bottom – zero hour agreements

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Unions have been campaigning aggressively against “zero hour” agreements, and appear to be gaining political support to make such contracts illegal, or at least, to limit their use. Zero hour agreements have become common overseas following the global financial crisis. They are commonly used in sectors such as hospitality and retail as businesses attempt to secure a pool of workers, with minimal commitment and obligation to them. There has been an increasing creep in their use in New Zealand.

There are ...

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Dismissal justified where employee fails to attend counselling

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This summer, the Employment Relations Authority confirmed an employer’s ability to dismiss an employee for failure to attend and complete an alcohol counselling course. The case demonstrates that where reasonable steps are taken by the employer to provide an opportunity to retain employment, an employer will be justified in pursuing inevitable consequences where conditions on that opportunity are not met.

Mr Callard was a bus driver for Wellington City Transport Ltd. His employer raised concerns about his poor attendance, citing an ...

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