Case Studies
Constructive Dismissal or Not
Employees are entitled to raise a Personal Grievance for Constructive Dismissal. Within a recent case at the Employment Relations Authority (ERA) – Clare Jeffries v Accident Compensation Corporation (“ACC”) [2024] NZERA 297 3237680 the Authority Member was required to address whether the Employee was Constructively Dismissed and place in an unjustified position. See – https://determinations.era.govt.nz/determination/view/19544
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
Notice Period Timeframes
As an employer you have an obligation to ensure that all employees are paid correctly when they have resigned and/or have been terminated from their employment. In many cases, employees will be required to work out their notice period, however in a number of cases, employers may elect to pay an employee in lieu of
Internal Investigations
Workplace Investigations NZ 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
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
Chasing debts from employees
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
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