The Wages Protection Act 1983 sets out the way wages must be paid and prevents unlawful deductions from wages. Deductions may only be made from an employee’s pay if they are required by law, agreed to by the employee, or are for overpayments in certain circumstances. The deductions commonly required by law are child support …
Recently we successfully represented another of our clients against a personal grievance claim brought against them in the Employment Relations Authority. Allied Faxi is a Chinese owned ice cream manufacturing facility based within the Kerepehi Business Park near Paeroa in the Waikato. While they employ many staff from the local area, they also source employee …
Two of the most common errors that we see Employers making is incorrectly seeking to address a performance matter through a disciplinary process, or seeking to put in a performance management process for a concern that should more appropriately be addressed through a formal disciplinary process. Incorrectly applying either process from the outset may render …
As an employer you have an obligation to ensure that all employees are paid correctly when they have resigned and/or have been terminated from their employment. In many cases, employees will be required to work out their notice period, however in a number of cases, employers may elect to pay an employee in lieu of …
Each year the EMA reports on the statistics coming out of the Employment Relations Authority with respect to two forms of personal grievance claims – unjustified dismissal and unjustified disadvantage. This year’s results (for the 2023 year) provide some interesting insights into changes in Authority outcomes, some in favour of the employer and others at …
The new Coalition Government has initiated actions to seek to reduce the county’s debt and specifically, the costs of operating the Public Service. In light of this, Government Departments have been provided with the mandate to reduce their operational costs by 6 – 7. How will these changes impact on the delivery of services within …
Workplace Investigations NZ Increasingly employers are being required to consider whether a concern or complaint needs to be investigated prior to a formal disciplinary process being implemented. Generally, this will require a gathering and assessment of the facts prior to a decision on potential disciplinary action being made. To seek to move to a disciplinary …
With Christmas fast approaching employers are already beginning to face the dilemma as to whether some employees are entitled to payment for not working on the public holidays or not. While it is reasonably easy to assess entitlements to payment for employees that work a regular Monday to Friday work week, it is less clear …
Is the Public Holiday and “otherwise Working Day” the same for the Employee Read More »
With Christmas fast approaching many businesses will be finalizing their closedown arrangements, however while this is a customary process, many employers are unaware that the requirements associated with a closedown are actually contained within legislation. Section 29 of The Holidays Act 2003 confirms that a closedown is a period during which an employer customarily (a) …
It is not an uncommon situation that an employee terminates their employment and does not return all company property or repay any outstanding debts. Where the employee has wages or annual leave entitlements owing to them, subject to the deduction provisions of section 5 of the Wage Protection Act 1983, some amount of recovery may …
