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 process without undertaking …
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 …
Is the Public Holiday and “otherwise Working Day” the same for the Employee Read More »
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) …
It is not an uncommon situation that an employee terminates their employment and does not return all company property or repay any outstanding debts. Where the employee has wages or annual leave entitlements owing to them, subject to the deduction provisions of section 5 of the Wage Protection Act 1983, some amount of recovery may …
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 …
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 …
Union fails to follow due process in dismissing one of its Organizers Read More »
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 …
