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 …
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 …
In today’s dynamic business landscape, staying competitive often means adapting to change swiftly and effectively. For many companies, restructuring has become a strategic necessity to optimise operations, enhance efficiency, and foster growth. However, navigating the complex process of company restructuring can be daunting without the right expertise and guidance. If your business is facing the …
How To Restructure A Company In New Zealand: Your Go-To Guide 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 …
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 …
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) …
When do you get one done? Employment Case Law reinforces that employers should ‘not be too hasty to rush straight into a formal disciplinary process’ as this can escalate a situation beyond the status it requires too quickly. On this basis, what options does the employer have open to them to determine whether formal disciplinary …
Employers will, on occasion, seek to have an ‘off-the-record’ discussion with a staff member in order to try to address a concern in a less formal manner. However, extreme caution must be exercised at these times as it will often come back at the employer when a personal grievance is raised. Seeking to circumvent due …
With most people now carrying a cell phone with them, the question of the legitimacy of recording workplace conversations, or even taking a video of other staff, is more frequently being asked. It is very common within the modern workplace, that an employee being requested to attend a disciplinary meeting may request that they record …
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 …
