Case Studies
IS THERE ANY VALUE IN RESTRAINT OF TRADE CLAUSES?
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,
A Question of Privacy
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
Heat of the Moment Registration
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 Labour Inspector v Star Nelson Holdings Limited [2022] – Managing Employee Records
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,
PG Costs are rising, reduce the risk by doing it right.
Increasingly we are seeing a greater focus from the Employment Relations Authority on the need for employers to ensure that a thorough investigation is undertaken into a complaint or concerns held by the employee prior to the matter being elevated to a formal disciplinary process. This is primarily the case where the potential disciplinary process
Employee leased property on behalf of employer without authorisation
Mr Graham was employed by Drivetrain Limited (Drivetrain) as the branch manager for New Zealand. Mr Graham was suspended and subsequently dismissed on 14 Jun 2018. He claimed that his suspension and dismissal were unjustified. A real estate agency contracted Drivetrain regarding a property the agency believed Drivetrain was renting to accommodate a manager relocating
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