Each year the Employers & Manufacturers Association (EMA) publishes information on the Determination outcomes from the Employment Relations Authority (ERA) using data obtained with permission from Thomson Reuters Westlaw NZ’s Personal Grievance Tracker Analysis. The most recently released data is related to the 2022 calendar year and provides a good insight into the ongoing trends …
Almost all lists of actions that may constitute potential serious misconduct contained the statement “Failure to follow fair and reasonable lawful instructions” – however it often becomes subjective as to what this actually means. For one employer an employees continued use of inappropriate language in the workplace after having been spoken to may constitute a …
Take note of Russell’s advice Often in the course of managing staff, there comes a time when you may need to confront a situation head-on with the employee to ensure that they truly grasp the depth of the concerns held by the company. These can often be conversations that many managers want to avoid or …
Need to have a difficult conversation with an employee? Read More »
For many employers it has always been accepted that, if an employee resigns or is terminated from their employment, the date on which the notice was given becomes the first day of the contractual notice period. A recent decision from the Employment Relations Authority may make you rethink this. Ms Sheridan was employed by Pact …
Although not a process that employers willingly want to have to implement, the reality is that when seeking to address a significant breach of a company policy, or an aspect of an employee’s inappropriate behaviour or conduct, disciplinary action may be the only viable option. Implementing a procedurally fair process is essential for ensuring that …
Under Section 114 of the Employment Relations Act 2000, an employee has a statutory right to raise a personal grievance against their employer if they believe that they have been subjected to unjustified action with the Act stating that this must be notified to the employer “within the period of 90 days beginning with the …
When is it “out of time” to raise a Personal Grievance? Read More »
This is a question that has been troubling employers for many years with decisions often being made on incorrect information and assumptions – so where is the line drawn? Employing staff on a casual basis has long been held as a simple solution to a flexible workforce requirement. Genuine casual employees do not incur the …
Russell Drake wins another case in the ERA… Recently we had another win in the Employment Relations Authority (ERA) on behalf of a client – see this determination here. The primary claim by the employee focused on whether the 90 Day Trial that he was employed under was legal or not, and therefore whether his …
Russell Drake explains… It is not an uncommon scenario where an employee has outstanding debts owing to the employer at the conclusion of their employment – So is there a way that these can be recovered? A robust employment agreement will generally include an employee deductions clause that enables the employer to make a deduction …
Learn how to recover unpaid debts from employees Read More »
Have you ever faced the dilemma as to whether an employee is raising a complaint or raising a personal grievance? There may be a fine line between the two, however the implications of determining what the employees’ intentions are can result in significantly different outcomes. The Employment Relations Act 2000, specifically s114, outlines that an …
Is a complaint the same as raising a personal grievance? Read More »
