Articles

Medicinal Cannabis in the Workplace – what do Employers need to know?
The fundamental principle within New Zealand employment law is that; if the employee is ready, willing and able to work, the employer must pay their ordinary wages. However, situations do arise from time to time where the employee is able to work, but for some valid reason, the employer does not want the employee to attend work.

Can I stand an employee down without pay?
The fundamental principle within New Zealand employment law is that; if the employee is ready, willing and able to work, the employer must pay their ordinary wages. However, situations do arise from time to time where the employee is able to work, but for some valid reason, the employer does not want the employee to attend work.

Can an employer gather personal information on an employee without their knowledge?
Pursuant to the provisions of The Privacy Act 2020, the primary means to gather information on an employee, is to obtain the information directly from the person themselves.

How do you terminate a Casual Employee?
A genuine casual employee has no set or agreed days or hours of work with any work being offered on an ‘offer and acceptance’ basis. The employee cannot raise complaint for not being offered work, and the employer cannot penalize the casual employee for not accepting an offer of work.

Can custom and practice override written terms and conditions?
An employee’s employment agreement will set out the general terms and conditions under which the employment relationship will operate. The company will also have set policies and procedures that provide specific guidelines with respect to how the company will operate, and therefore how the employee is expected to undertake their duties and responsibilities.

Can a Contractor claim that they are an employee?
Many organisations may seek to engage labour on a ‘contracting’ basis, rather than as employees, believing this offers a greater

How do I determine which employees’ role can be disestablished?
Restructuring a business that may result in employee redundancies is a complex process, thwart with all kinds of problems that

How much do employees get if they win their case in the Employment Relations Authority?
Every year the EMA publishes statistics on personal grievance (PG) determinations of the Employment Relations Authority (the Authority), using data from the Thomson Reuters Westlaw NZ Personal Grievance Tracker Analysis. The purpose is this analysis to get a sense of current trends in terms of the number and type of grievances, awards, costs, and success rates.

Actions Outside of Work
An employee’s terms and conditions of employment will be contained within the Employment Agreement and the employer’s Code of Conduct.
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