The Employment Relations Act 2000 (ERA) requires every employer to provide every employee with a written employment agreement. This written agreement may take the form of an individual employment agreement between one employee and the employer or a collective agreement between a group of employees and one or more employers. The employment agreement contains the […]
What weight does custom and practice have? Read More »
Recently we represented another of our clients in the ERA, with this resulting in a positive outcome enforcing the provisions of a signed settlement agreement. Many employment disputes are resolved on a full and final basis by the mutual signing of a settlement agreement drafted pursuant to section 149 of the Employment Relations Act 2000.
Further success for our clients in the ERA Read More »
Employees are entitled to raise a Personal Grievance for Constructive Dismissal. Within a recent case at the Employment Relations Authority (ERA) – Clare Jeffries v Accident Compensation Corporation (“ACC”) [2024] NZERA 297 3237680 the Authority Member was required to address whether the Employee was Constructively Dismissed and place in an unjustified position. See – https://determinations.era.govt.nz/determination/view/19544
Constructive Dismissal or Not Read More »
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 »
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?
Challenging a Medical Certificate Read More »
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
THE RIGHT TO DEDUCT FROM AN EMPLOYEE’S PAY Read More »
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
Another win for one of our clients in the ERA Read More »
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
Poor Performance or Disciplinary Action Read More »
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
Notice Period Timeframes Read More »
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
Personal Grievance Statistics Read More »
