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
Many Employers have a Restraint of Trade provision within their Employment Agreements, with the view that this clause has some power to restriction an Employee if they were to leave the company. However, the key issue that we regularly come across is that for the majority, these provisions are written as a standard ‘blanket’ clause,
What is private and confidential when it comes to employee information on work devices? With the increased reliance of businesses on technology to support their operations, an interesting question is raised of: what rights does an employer have to view private information stored on company systems by employees? Increasingly employers are seeking advice regarding their
We often get contacted by clients who are seeking advice on whether they should accept the resignation of an Employee that has been made in the ‘heat of the moment’, with this raising the question as to whether such resignations can be interpreted as being genuine. For many years our advice has always been on
A recent case of the Employment Relations Authority reinforces the obligation on Employers to maintain accurate records on all Employees. An Employee of Star Nelson had raised a concern with the Labour Inspectorate (a division of the Ministry of Business Innovation and Employment – MBIE) about their employment agreement and holiday pay. The Labour Inspector,
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