Case Study

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Another win for one of our clients in the ERA 

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 …

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How To Restructure A Company In New Zealand: Your Go-To Guide

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 …

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Is the Public Holiday and “otherwise Working Day” the same for the Employee

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 …

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Union fails to follow due process in dismissing one of its Organizers

Based on information obtained from the Companies Office, Union Organizations represent 14.30% of the total New Zealand workforce. The unions exist to provide employment relations support to their members and to lobby for worker rights and entitlements at a national level. To fulfil these functions, the Union will employ individuals into the role of a …

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What do we mean by the term “Fair and reasonable lawful instructions”? Russell Drake explains

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 …

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When is it “out of time” to raise a Personal Grievance?

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 …

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