Case Studies

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

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

For many employers it has always been accepted that, if an employee resigns or is terminated from their employment, the date on which the notice was given becomes the first day of the contractual notice period. A recent decision from the Employment Relations Authority may make you rethink this. Ms Sheridan was employed by Pact

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

Russell Drake wins another case in the ERA… Recently we had another win in the Employment Relations Authority (ERA) on behalf of a client – see this determination here. The primary claim by the employee focused on whether the 90 Day Trial that he was employed under was legal or not, and therefore whether his

Have you ever faced the dilemma as to whether an employee is raising a complaint or raising a personal grievance? There may be a fine line between the two, however the implications of determining what the employees’ intentions are can result in significantly different outcomes.  The Employment Relations Act 2000, specifically s114, outlines that an