Substantial costs are generally incurred by both parties to an employment dispute when a matter proceeds to the Employment Relations Authority – however the ERA’s Costs Award framework will often see the winning party still losing financially. In 2016 the ERA set a new ‘Daily Tariff Rate’ framework for determining cost awards in cases within …
ERA Costs Awards are not reflective of actual costs incurred Read More »
Employers are required to ensure that a fair and reasonable process is followed to investigate allegations and claims made by an Employee. The Employer must ensure that any concerns or complaints raised by an Employee are taken seriously, and that these matters are addressed in a timely and appropriate manner. Within a recent case at …
From Complaint to Conclusion: Understanding the Investigation Process Read More »
As medical professionals, most General Practitioners will issue medical certificates to employees deeming them unfit for work, or of limited capacity. However, increasingly Employers are becoming frustrated with the ease of which many medical certificates are obtained, often becoming alarmed at the conclusions made. So, what rights do you have to challenge a medical certificate? …
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 …
