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
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
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