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# Russell Drake Consulting

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## Posts
- [What obligations do Employers have to disclose information to employees](https://russelldrakeconsulting.co.nz/2026/09/09/what-obligations-do-employers-have-to-disclose-information-to-employees/): Disclosure Requests in New Zealand Employment Law: Principles and Key Case Law for Employers
Disclosure is a fundamental aspect of fair process in New Zealand employment law. Whether an employer is conducting a disciplinary investigation, managing a performance process, considering restructuring, or responding to a personal grievance, the obligation to provide relevant information is closely linked to the statutory duty of good faith under the Employment Relations Act 2000. Employers who fail to disclose relevant information risk findings of procedural unfairness.
- [Medicinal Cannabis in the Workplace – what do Employers need to know?](https://russelldrakeconsulting.co.nz/2026/04/30/medicinal-cannabis-in-the-workplace-what-do-employers-need-to-know-2/): The fundamental principle within New Zealand employment law is that; if the employee is ready, willing and able to work, the employer must pay their ordinary wages. However, situations do arise from time to time where the employee is able to work, but for some valid reason, the employer does not want the employee to attend work.
- [Can I stand an employee down without pay?](https://russelldrakeconsulting.co.nz/2026/04/16/can-i-stand-an-employee-down-without-pay/): The fundamental principle within New Zealand employment law is that; if the employee is ready, willing and able to work, the employer must pay their ordinary wages. However, situations do arise from time to time where the employee is able to work, but for some valid reason, the employer does not want the employee to attend work.
- [Can an employer gather personal information on an employee without their knowledge?](https://russelldrakeconsulting.co.nz/2026/04/16/can-an-employer-gather-personal-information-on-an-employee-without-their-knowledge/): Pursuant to the provisions of The Privacy Act 2020, the primary means to gather information on an employee, is to obtain the information directly from the person themselves.
- [How do you terminate a Casual Employee?](https://russelldrakeconsulting.co.nz/2026/04/16/how-do-you-terminate-a-casual-employee/): A genuine casual employee has no set or agreed days or hours of work with any work being offered on an ‘offer and acceptance’ basis. The employee cannot raise complaint for not being offered work, and the employer cannot penalize the casual employee for not accepting an offer of work.
- [Can custom and practice override written terms and conditions?](https://russelldrakeconsulting.co.nz/2026/03/29/can-custom-and-practice-override-written-terms-and-conditions/): An employee’s employment agreement will set out the general terms and conditions under which the employment relationship will operate. The company will also have set policies and procedures that provide specific guidelines with respect to how the company will operate, and therefore how the employee is expected to undertake their duties and responsibilities.
- [Can a Contractor claim that they are an employee?](https://russelldrakeconsulting.co.nz/2026/02/19/can-a-contractor-claim-that-they-are-an-employee/): Many organisations may seek to engage labour on a 'contracting' basis, rather than as employees, believing this offers a greater degree of flexibility within the workforce, while reducing the usual risks and liabilities that occur in traditional employment models. However, while 'contracting out' is well established in many industry sectors, the fact that the parties have formed a relationship under an independent contractor agreement does not in itself prove that an employment relationship does not exist.
- [How do I determine which employees’ role can be disestablished?](https://russelldrakeconsulting.co.nz/2025/10/16/how-do-i-determine-which-employees-role-can-be-disestablished/): Restructuring a business that may result in employee redundancies is a complex process, thwart with all kinds of problems that could result in significant employment liabilities being incurred. This is even more difficult when a small number of redundancies need to be made from a larger group of employees, all doing the same or similar roles. Recently the Employment Relations Authority ordered an employer to pay $16,000 in compensation purely because they incorrectly applied a selection assessment criteria.
- [How much do employees get if they win their case in the Employment Relations Authority?](https://russelldrakeconsulting.co.nz/2025/10/16/how-much-do-employees-get-if-they-win-their-case-in-the-employment-relations-authority/): Every year the EMA publishes statistics on personal grievance (PG) determinations of the Employment Relations Authority (the Authority), using data from the Thomson Reuters Westlaw NZ Personal Grievance Tracker Analysis. The purpose is this analysis to get a sense of current trends in terms of the number and type of grievances, awards, costs, and success rates.
- [Actions Outside of Work](https://russelldrakeconsulting.co.nz/2025/08/18/actions-outside-of-work/): An employee’s terms and conditions of employment will be contained within the Employment Agreement and the employer’s Code of Conduct.
- [Employee Suspension](https://russelldrakeconsulting.co.nz/2025/05/30/employee-suspension/): On very rare occasions during an employee’s period of employment with the company, a situation or event may arise where you may need to consider suspending the employee for a period while an investigation or disciplinary process occurs.
- [What Is Medical Incapacity?](https://russelldrakeconsulting.co.nz/2025/05/08/medical-incapacity-2/): Medical Incapacity refers to an employee’s inability to be able to complete the duties and responsibilities aligned to the role they hold in a company after a prolonged period of absence due to sickness or injury.
- [What is Unjustified Disadvantage?](https://russelldrakeconsulting.co.nz/2025/04/10/what-is-unjustified-disadvantage/): An employee can claim that they have been unjustifiably disadvantaged when an employer does something that makes an employee’s job harder, something that negatively affects the employee’s terms and conditions of employment or where the employer’s actions may be seen to be unfair, unreasonable or in breach of their Good Faith Obligations.
- [What Is a Preliminary Investigation?](https://russelldrakeconsulting.co.nz/2025/03/16/the-disciplinary-process-and-ins-and-outs-of-running-a-preliminary-investigation/): A preliminary investigation is a process used where the employer gathers information to enable them to make a decision as to whether they can move to a formal disciplinary process...
- [Things to Consider When Making an Employment Agreement?](https://russelldrakeconsulting.co.nz/2025/03/03/things-to-consider-when-making-an-employment-agreement-nz/): Things to consider when making an employment agreement.
- [What weight does custom and practice have?](https://russelldrakeconsulting.co.nz/2024/12/06/what-weight-does-custom-and-practice-have/): The Employment Relations Act 2000 (ERA) requires every employer to provide every employee with a written employment agreement. This written agreement may take the form of an individual employment agreement between one employee and the employer or a collective agreement between a group of employees and one or more employers.
- [Further success for our clients in the ERA](https://russelldrakeconsulting.co.nz/2024/11/29/further-success-for-our-clients-in-the-era/): Recently we represented another of our clients in the ERA, with this resulting in a positive outcome enforcing the provisions of a signed settlement agreement.
- [What Is Constructive Dismissal in NZ?](https://russelldrakeconsulting.co.nz/2024/09/20/constructive-dismissal-or-not/): Employees are entitled to raise a Personal Grievance for Constructive Dismissal.
- [How Much Will an Employee Dispute Cost Me?](https://russelldrakeconsulting.co.nz/2024/09/13/era-costs-awards-are-not-reflective-of-actual-costs-incurred/): Substantial costs are generally incurred by both parties to an employment dispute when a matter proceeds to the Employment Relations Authority – however the ERA’s Costs Award framework will often see the winning party still losing financially. 
- [How to Challenge a Medical Certificate?](https://russelldrakeconsulting.co.nz/2024/08/23/challenging-a-medical-certificate/): As medical professionals, most General Practitioners will issue medical certificates to employees deeming them unfit for work, or of limited capacity. However, increasingly Employers are becoming frustrated with the ease of which many medical certificates are obtained, often becoming alarmed at the conclusions made.
- [Can I Deduct from an Employee’s Pay?](https://russelldrakeconsulting.co.nz/2024/07/26/the-right-to-deduct-from-an-employees-pay/): The Wages Protection Act 1983 sets out the way wages must be paid and prevents unlawful deductions from wages. Deductions may only be made from an employee's pay if they are required by law, agreed to by the employee, or are for overpayments in certain circumstances. 
- [Another win for one of our clients in the ERA ](https://russelldrakeconsulting.co.nz/2024/07/19/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. 
- [What Is the Difference Between Poor Performance and a Disciplinary Meeting?](https://russelldrakeconsulting.co.nz/2024/07/12/poor-performance-or-disciplinary-action/): Two of the most common errors that we see Employers making is incorrectly seeking to address a performance matter through a disciplinary process, or seeking to put in a performance management process for a concern that should more appropriately be addressed through a formal disciplinary process. Incorrectly applying either process from the outset may render any subsequent outcomes as being unjustified.   
- [Notice Period Timeframes](https://russelldrakeconsulting.co.nz/2024/06/14/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 working out the notice period.
- [How To Restructure A Company In New Zealand: Your Go-To Guide](https://russelldrakeconsulting.co.nz/2024/06/13/how-to-restructure-a-company-in-new-zealand-your-go-to-guide/): In today's dynamic business landscape, staying competitive often means adapting to change swiftly and effectively. For many companies, restructuring has become a strategic necessity to optimise operations, enhance efficiency, and foster growth. However, navigating the complex process of company restructuring can be daunting without the right expertise and guidance.
- [What Percentage of Employers Win a Personal Grievance Case?](https://russelldrakeconsulting.co.nz/2024/06/07/personal-grievance-statistics/): Each year the EMA reports on the statistics coming out of the Employment Relations Authority with respect to two forms of personal grievance claims – unjustified dismissal and unjustified disadvantage.
- [Restructuring at MBIE](https://russelldrakeconsulting.co.nz/2024/05/31/restructuring-at-mbie/): The new Coalition Government has initiated actions to seek to reduce the county’s debt and specifically, the costs of operating the Public Service. In light of this, Government Departments have been provided with the mandate to reduce their operational costs by 6 – 7. How will these changes impact on the delivery of services within the employment law sector?
- [What Is an Internal Workplace Investigation?](https://russelldrakeconsulting.co.nz/2024/01/26/internal-workplace-investigations/): As Workplace Investigation Specialists we are able to conduct all workplace investigations and provide advice, guidance and assistance with your investigation so it is watertight, and the rights of the parties are not left up to interpretation. Please feel free to contact us directly if you require further assistance. 
- [IS Employees Entitled to Pay on Public Holidays in NZ?](https://russelldrakeconsulting.co.nz/2023/12/08/otherwise-working-day/): 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.
- [How Does the Christmas Shutdown Work for NZ Businesses?](https://russelldrakeconsulting.co.nz/2023/12/01/christmas-closedowns/): 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.
- [Chasing debts from employees](https://russelldrakeconsulting.co.nz/2023/10/27/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 be able to be lawfully made.
- [Preliminary Investigations](https://russelldrakeconsulting.co.nz/2023/10/20/preliminary-investigations/): 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 action is warranted or not?
- [Director – The Arts House Trust](https://russelldrakeconsulting.co.nz/2023/10/13/director-the-arts-house-trust/): Full Time | The Big Idea Are you an Influential Leader with demonstrable strategic planning skills, a strong Business perspective and understanding, having gained proven Arts Management experience, supported by a sound background in Art History, and able to promote using proven Marketing Strategies?
- [Customer Liaison Coordinator](https://russelldrakeconsulting.co.nz/2023/10/13/customer-liaison-coordinator-kairuruku/): Full Time | Exess Connectivity Limited Flexible for you to work from any location in New Zealand. In this role of Customer Liaison - Kairuruku, you will provide support to customers to ensure they are fully utilizing the functionality of the Exess platform.
- [When Does Without Prejudice Apply?](https://russelldrakeconsulting.co.nz/2023/09/29/when-does-without-prejudice-apply/): 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.
- [Can I Record a Work Conversation or Meeting Without the Other Person’s Consent?](https://russelldrakeconsulting.co.nz/2023/09/12/is-covert-recording-acceptable/): 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.
- [Union fails to follow due process in dismissing one of its Organizers](https://russelldrakeconsulting.co.nz/2023/08/30/union-fails-to-follow-due-process-in-dismissing-one-of-its-organizers/): 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 Union Organizer with these people often being the ones that have direct face to face interaction with employers in the workplace, particularly in activities such as collective bargaining and representation in disciplinary meetings.
- [What’s happening in the ERA](https://russelldrakeconsulting.co.nz/2023/08/18/whats-happening-in-the-era/): 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.
- [What Are Fair and Reasonable Lawful Instructions?](https://russelldrakeconsulting.co.nz/2023/08/03/fair-and-reasonable-lawful-instructions/): 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.  
- [Need to have a difficult conversation with an employee?](https://russelldrakeconsulting.co.nz/2023/07/20/having-difficult-conversations/): Take note of Russell's advice
- [When Does a Notice Period Start?](https://russelldrakeconsulting.co.nz/2023/07/07/when-does-a-notice-period-begin-and-end/): 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.
- [What Is the Difference Between Misconduct and Serious Misconduct?](https://russelldrakeconsulting.co.nz/2023/06/28/defining-misconduct-and-serious-misconduct/): Although not a process that employers willingly want to have to implement, the reality is that when seeking to address a significant breach of a company policy, or an aspect of an employee’s inappropriate behaviour or conduct, disciplinary action may be the only viable option. 
- [How Long Do Employees Have to Raise a Personal Grievance?](https://russelldrakeconsulting.co.nz/2023/05/26/when-is-it-out-of-time-to-raise-a-personal-grievance/): 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 date on which the action alleged to amount to a personal grievance occurred, or came to the notice of the employee, whichever is later”. 
- [What Determines a Casual Employee?](https://russelldrakeconsulting.co.nz/2023/05/19/when-is-a-casual-not-a-casual/): This is a question that has been troubling employers for many years with decisions often being made on incorrect information and assumptions – so where is the line drawn? 
- [Pre-employment Assessments](https://russelldrakeconsulting.co.nz/2023/05/12/pre-employment-assessments/): Russell Drake wins another case in the ERA...
- [Learn how to recover unpaid debts from employees](https://russelldrakeconsulting.co.nz/2023/04/21/recovering-unpaid-debts-from-employees/): Russell Drake explains...
- [What Is the Difference Between an Employee Complaint and a Personal Grievance?](https://russelldrakeconsulting.co.nz/2023/03/31/is-a-complaint-the-same-as-raising-a-personal-grievance/): 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. 
- [Are Restraints of Trade Worth Applying to Employees?](https://russelldrakeconsulting.co.nz/2023/03/17/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.
- [What Is the Difference Between Minimum Wage and Living Wage?](https://russelldrakeconsulting.co.nz/2023/03/10/living-minimum-median-wage-confusing/): Russell Drake explains....
- [Payroll Costs are Growing](https://russelldrakeconsulting.co.nz/2023/02/23/payroll-costs-are-growing/): Update your strategy with Russell Drake Consulting 
- [Can I View My Employee’s Personal Information on a Work Device?](https://russelldrakeconsulting.co.nz/2023/02/08/a-question-of-privacy/): What is private and confidential when it comes to employee information on work devices?
- [Medical Incapacity](https://russelldrakeconsulting.co.nz/2023/01/26/medical-incapacity/): In our previous newsletter, we introduced the option of Medical Retirement as an alternative resolution to Medical Incapacity in situations when an Employer is dealing with the long-term absence of an Employee through either non-work or work-related illness or injury.
- [Employment Law Changes](https://russelldrakeconsulting.co.nz/2023/01/19/employment-law-changes-2/): Happy New Year from the team at RDC / EMA Waikato and we trust that you all had a great break – despite the adverse weather conditions.
- [Getting leave entitlements right](https://russelldrakeconsulting.co.nz/2022/12/19/getting-leave-entitlements-right/): As we do each year, we set out the implications associated with correctly paying staff over the upcoming Christmas New Year break.
- [Heat of the Moment Registration](https://russelldrakeconsulting.co.nz/2022/12/10/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. 
- [What Is Medical Retirement?](https://russelldrakeconsulting.co.nz/2022/12/02/medical-retirement/): Employers are increasingly dealing with the absence of a growing number of Employees through both non-work- and work-related illness or injury. 
- [Unjustified Constructive Dismissal](https://russelldrakeconsulting.co.nz/2022/11/26/unjustified-constructive-dismissal/): A Constructive Dismissal is where an employee deems their employment to now be so untenable that they are unable to continue, as opposed to a usual dismissal where the employer has ended the employee’s employment as a result of some action – usually a disciplinary or restructuring process. We are seeing a significant increase in the number of personal grievance claims being received for Constructive Dismissal.
- [Fair Pay Agreements – Part 2](https://russelldrakeconsulting.co.nz/2022/11/18/fair-pay-agreements-part-2/): In our last newsletter, we outlined the details of the recently passed  Fair Pay Agreements legislation (FPA). Since the release of that newsletter, further information has been provided to keep us informed on what is being deemed ‘one of the most significant changes to NZ employment legislation’. 
- [Fair Pay Legislation Passed](https://russelldrakeconsulting.co.nz/2022/11/05/fair-pay-legislation-passed/): Despite widespread opposition from the business community, the Government passed the Fair Pay Agreements legislation (FPA) into law on Wednesday (October 26), with this set to be one of the most significant recent changes to New Zealand’s employment relations system.
- [ENSURE THE WORDING IN YOUR AGREEMENTS IS CORRECT](https://russelldrakeconsulting.co.nz/2022/10/18/ensure-the-wording-in-your-agreements-is-correct/): The Employment Relations Act 2000 requires that ‘every Employer must provide every Employee with an Employment Agreement’. The Employment Agreement, whether this be an individual or a Collective Agreement, forms a legal record of the contractual terms of employment agreed between the parties. The parties being, in the case of an Individual Employment Agreement (IEA), the Employee and the Employer, and in the case of a Collective Agreement, the Employer and one or more Unions who represent a group of workers who will be employed under the agreed coverage clause. 
- [What Is a Labour Inspection Review?](https://russelldrakeconsulting.co.nz/2022/10/07/labour-inspector-reviews/): As Part 2 in our series related to working with Labour Inspectors, we want to explore the issue of Labour Inspectorate Reviews – a process that most Employers are not keen to venture into unless they have to. 
- [Do your Employment Agreements meet the Availability Provisions?](https://russelldrakeconsulting.co.nz/2022/09/12/do-your-employment-agreements-meet-the-availability-provisions/): We are seeing a significant increase in challenges being raised by Union Officials, and Employee Representatives, regarding the notion of ‘availability of employees’, with the lack of clarity within employment agreements posing a potential risk and liability for the Employer.
- [A Labour Inspector v Star Nelson Holdings Limited [2022] – Managing Employee Records](https://russelldrakeconsulting.co.nz/2022/09/07/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, within their powers under the Employment Relations Act 2000,
contacted the sole director of Star Nelson to request a full employee list,
including names, roles, employment status, start dates and confirmation of the
legal entity of the employer. The Labour Inspector advised that they would then
select five employees from this list and request more specific records on each. Although a business is required to maintain
accurate records on all staff, including retaining these for a period of not
less than six (6) years, Star Nelson was either unwilling or unable to provide
this information. After several attempts to obtain the
information from Star Nelson, the Labour Inspector referred the matter to the
ERA pursuant to s229 of the ERA 2000, seeking penalties to be awarded against
Star Nelson for non-compliance in responding to the request for information. The ERA was satisfied that Star Nelson had been
provided with sufficient opportunity to provide the information requested by
the Inspector and that they had failure to do so. As a result of this failure,
the ERA imposed penalties of $7,500 against each of the two legal entities that
comprised Star Nelson Holdings Limited (Star Moving and Star Nelson). Pursuant to the legislative provisions,
Employers must retain as a minimum, for a period of not less than six (6)
years, the following information: ·        
The
employee’s signed employment agreement ·        
Any
other information regarding the employee usually contained on the employee’s
personal file
·        
A
full wage and time records (wages paid and hours / days worked)
·        
All
annual leave records
While Labour Inspectors have statutory powers
to request disclosure of this information, they may not be the only party
seeking this information. Increasingly within personal grievance claims,
we are finding that the employee representative is also seeking disclosure of a
full copy of the employees personal file – which may also include full
disclosure of all wage, time and leave records. While the Labour Inspector’s
request is motivated by a desire to assess legislative compliance, the employee
representative’s request is generally motivated by a desire to seek fault with
the employers’ processes in order to enhance a future grievance claim or to
check the robustness of a current employment matter. A Labour Inspectors request will generally be
set out within a formal document pursuant to s229 of the Act, however as the Employee
Representative Acts outside of these provisions, and to ensure all privacy
obligations are retained, no information should be disclosed to the Employee Representative
where the request is not supported by a signed declaration from the Employee
authorizing the disclosure request and confirming that the Representative has
the authority to Act for them. If you receive a request of disclosure from
either a Labour Inspector or an Authorized Agent, and are a little uncertain as
to what should be disclosed or not, please feel free to contact us prior to
responding. Many employers in this situation have often engaged us to review
the information prior to this being provided to the requesting party to ensure
that this is complete and does not contain information that may create
potential liability.  
- [Retain Your Existing Staff Today: it has never been more important](https://russelldrakeconsulting.co.nz/2022/08/29/retain-your-existing-staff-today-it-has-never-been-more-important/): With critical staff shortages likely to continue for some time, and employee ‘poaching’ on the rise, it is now more critical than ever that you do all that you can to retain your existing staff. 
- [PG Costs are rising, reduce the risk by doing it right.](https://russelldrakeconsulting.co.nz/2022/06/30/pg-costs-are-rising-reduce-the-risk-by-doing-it-right/): In such cases the Employment Relations Authority are increasing looking to assess whether the employer undertook a thorough investigation prior to determining that the matter needed to be elevated to a formal disciplinary process.
- [CORONAVIRUS – COVID-19 EMPLOYMENT GUIDELINE](https://russelldrakeconsulting.co.nz/2022/06/30/coronavirus-covid-19-employment-guideline%ef%bf%bc/):  
- [Updated Wage Subsidy from the Government – What you need to know. ](https://russelldrakeconsulting.co.nz/2022/06/30/updated-wage-subsidy-from-the-government-what-you-need-to-know-%ef%bf%bc/): This is not a time to panic, even though you may only see doom for your business. Take time to logically think through what you need to do. Work on one thing at a time, work quickly and then move on to the next.
- [CLARIFICATIONS REGARDING WAGE SUBSIDY OBLIGATIONS](https://russelldrakeconsulting.co.nz/2022/06/30/clarifications-regarding-wage-subsidy-obligations/): It is a credit to the Government that they have made the Wage Subsidy Scheme available for the majority of businesses within New Zealand, however with any Government Policy that is brought into place in a hurry, the devil is often in the detail. In this case widespread confusion has existed regarding a number of provisions regarding the scheme – with these appearing to have changed over the last week. We have attempted through our network of advisors, to clarify late last week and provide you with some of the detail.
- [WAGE PAYMENT UPDATES](https://russelldrakeconsulting.co.nz/2022/06/30/wage-payment-updates%ef%bf%bc/): Our aim is to support Employers with practical legally compliant solutions through this critical period of COVID-19 lockdown with practical, up to date information and as we navigate into an uncertain business future.
- [Unfair Redundancy process carried out by employer despite genuine reason](https://russelldrakeconsulting.co.nz/2022/06/13/unfair-redundancy-process-carried-out-by-employer-despite-genuine-reason/): In this case reviewed by our redundancy experts NZ, the Employment Relations Authority found that an employer ran an unfair redundancy process NZ even when the business reason behind it was genuine.
- [Beware of the Personal Grievance Recidivist Employee](https://russelldrakeconsulting.co.nz/2022/05/16/beware-of-the-personal-grievance-recidivist-employee/): A recent media article highlighted the actions of an individual in Otago who had raised Personal Grievances against at least seven local businesses within a short period of time. He had successfully been paid at least $10,000 in compensation payments over a period of approximately two weeks.
- [Re-establishing your workforce post Covid-19](https://russelldrakeconsulting.co.nz/2022/04/11/re-establishing-your-workforce-post-covid-19/): There is no doubt that the Covid Protection Protocols put in place by the Government have significantly changed the manner in which many employees now undertake their duties and responsibilities. The increase in ‘working from home’ arrangements has been a necessity to enable some businesses to continue to operate, while for others it has become the ‘new norm’ of workplace practices.
- [Is the end in sight?](https://russelldrakeconsulting.co.nz/2022/03/29/is-the-end-in-sight/): The Government was clear from the outset of the Covid-19 crisis that, “all usual employment law requirements continue to exist” – with this also being read to imply that this naturally extends to human rights matters – including the right not to be discriminated against on prohibited grounds.
- [Russel Drakes Explains…](https://russelldrakeconsulting.co.nz/2022/03/16/is-the-end-in-sight-2/): As a break from the ongoing Covid related information that has been the focus of our recent newsletters we wish to draw your attention to the procedural requirements associated with advising staff of their rights to obtain support and representation in all aspects of their employment relationship. 
- [COVID update](https://russelldrakeconsulting.co.nz/2022/03/05/covid-update/): With Omicron Cases increasing significantly on a daily basis, organisations are being now being impacted through both staff absences and uncertainty regarding Government regulations. At the current point in time, we have not hit the peak of Omicron cases with this expected to occur over the next few weeks. Government officials (Chris Hipkins 02/03/22) however cannot predict whether we will then see a reduction in the number of cases or whether the case numbers will plateau for a period before beginning to reduce.
- [Christmas/New Year Employee Arrangements](https://russelldrakeconsulting.co.nz/2021/11/09/christmas-new-year-employee-arrangements/): Uncategorized Christmas/New Year Employee Arrangements user
June 8, 2022
No Comments Uncategorized COVID update June 8, 2022
No Comments Uncategorized Russel Drakes Explains… June 8, 2022
No Comments Uncategorized Is the end in sight? June 8, 2022
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- [Government Mandated Vaccinations – strengthen your position as an employer](https://russelldrakeconsulting.co.nz/2021/10/21/government-mandated-vaccinations-strengthen-your-position-as-an-employer%ef%bf%bc/): As largely expected, following the initial Public Health Order that implemented mandatory vaccination requirements for front line border workers, the Government has now announced mandates for workers within the education and health sectors.
- [VACCINE PASSPORTS – THE TICKET TO THE FUTURE](https://russelldrakeconsulting.co.nz/2021/10/10/vaccine-passports-the-ticket-to-the-future%ef%bf%bc/): On the Global Front, only this week we have seen the National Basketball Association (NBA) in America provide an ‘executive order’ to teams that prevents unvaccinated players taking the court. Furthermore, they have deemed that unvaccinated players will remain unpaid while on any period of stand down, potentially costing players several million dollars each. This decision followed a similar move within New Zealand where the NZ Breakers confirmed the mutual split with star player Tai Webster due to his decision to remain unvaccinated, preventing him from travelling with the team to attend overseas games.
- [Employment Law Changes](https://russelldrakeconsulting.co.nz/2021/10/02/employment-law-changes/): With the “Winston Handbrake” now released we can expect significant changes to Employment Law to be a priority for the new Labour Government.
- [ No Jab – No Job, will this be legal?](https://russelldrakeconsulting.co.nz/2021/09/15/no-jab-no-job-will-this-be-legal%ef%bf%bc/): As a result of the recent Alert Level 4 Lockdown the Government has increased the focus on vaccinating the population as a means to addressing the wider spread of the Covid-19 Virus within New Zealand. With vaccination rates now increasing this has raised the question as to whether an employer can require their staff to be vaccinated, and whether a “no jab-no job” approach can be adopted.
- [EMERGING FROM LOCKDOWN](https://russelldrakeconsulting.co.nz/2021/09/01/emerging-from-lockdown%ef%bf%bc/): As you read this newsletter, many of you will now be working under Alert Level 3 conditions and grappling with the logistics of having staff return to work.
- [LOCKDOWN – Employee Payment Obligations](https://russelldrakeconsulting.co.nz/2021/08/20/lockdown-employee-payment-obligations%ef%bf%bc/): With the Delta Variant having been confirmed with the five (5) people now tested positive, one a vaccinated hospital worker, it is likely to only be a matter of time before further cases are identified resulting in a potential extension to the lockdown restrictions.
- [Planning for a vaccination rollout](https://russelldrakeconsulting.co.nz/2021/06/29/planning-for-a-vaccination-rollout%ef%bf%bc/): With the Government having now announced that a staged roll-out process for the Covid-19 vaccination will commence in July 2020, this has begun to raise a number of questions for employers.
- [Restraints of Trade – Are they enforceable?](https://russelldrakeconsulting.co.nz/2021/03/16/restraints-of-trade-are-they-enforceable%ef%bf%bc/): This is most commonly questioned when a valuable employee has recently resigned to take up a similar position in a nearby or competing industry. To answer this question, we need to understand the intent of the ‘blanket restraint’ provisions that are frequently included in most Employment Agreement templates. This is generally comprised of two separate but interlinked clauses – the first being a Restraint of Trade and the second being a Non-Solicitation Clause.
- [WILL WE GO BACK INTO LOCKDOWN?](https://russelldrakeconsulting.co.nz/2021/01/18/will-we-go-back-into-lockdown%ef%bf%bc/): The fear of a further lockdown is clearly motivated by the emergence of the new UK and South African strains of COVID-19 and, although these have been controlled at the border to date, many employers do not hold great confidence in the Government’s ability to continue to control this going forward. This concern is heightened by reports that a person tested positive for COVID-19 on their 18th day in isolation, where a usual stay is 14 days.
- [CALCULATION OF LEAVE FOR NEW EMPLOYEES AS CHRISTMAS SHUTDOWN](https://russelldrakeconsulting.co.nz/2020/12/07/calculation-of-leave-for-new-employees-as-christmas-shutdown%ef%bf%bc/): For many years’ employees have been advancing leave to new employees (those who have not yet completed 12 months services) to cover any required period off work during the company’s annual shutdown period.
- [Do you have a Company Privacy Officer?](https://russelldrakeconsulting.co.nz/2020/11/16/do-you-have-a-company-privacy-officer%ef%bf%bc/): No special training is required of the person who is nominated to be the Company Privacy Officer, however they are required to understand the Privacy Act Principles to ensure that the business complies with all obligations under the new Act.
- [New Requirements for Workplace Investigations](https://russelldrakeconsulting.co.nz/2020/11/16/new-requirements-for-workplace-investigations/): Increasingly employers are being required to undertake investigations into complaints or incidents prior to implementing any form of significant disciplinary action. In fact, Unjustified Dismissal claims within the Employment Relations Authority can be won or lost on the quality of the investigation undertaken by the employer.
- [Stress Leave: Is it a legal entitlement?](https://russelldrakeconsulting.co.nz/2020/11/09/stress-leave-is-it-a-legal-entitlement/): Increasingly Employers are receiving medical certificates from Employees stating that they are currently off work due to ‘stress leave’ – in many cases the Doctor specifying this to be “work related stress”.
- [The Cost of a Personal Grievance](https://russelldrakeconsulting.co.nz/2020/10/07/the-cost-of-a-personal-grievance%ef%bf%bc/): The analysis results for the 2019 calendar year have recently been released. These results confirm that there is a growing trend for remedies increasing for Employees.
- [ANNUAL REVIEWS](https://russelldrakeconsulting.co.nz/2020/09/09/annual-reviews%ef%bf%bc/): In the midst of all the disruptions created in 2020 by the Covid-19 situation, we should not lose sight of the fact that many of our standard Human Resource processes still need to be continued. For many employers, 2020 has been largely focused on reacting to the crisis facing the business environment and doing all that is needed to enable the business to remain sustainable. This has resulted in significant sacrifices being made by both employers and employees over the last six months however in the midst of this context, it is still important to undertake the usual review cycles. Many staff will still hold the expectation that an annual review will occur.
- [Personal Grievance Protection Insurance](https://russelldrakeconsulting.co.nz/2020/07/29/personal-grievance-protection-insurance%ef%bf%bc/): Since businesses recommenced work after the COVID-19 lockdown we have seen a substantial increase in the number of Personal Grievance claims being raised against employers, many of these being related to events that have occurred as a result of COVID-19 i.e. restructures or wage arrears claims, but also, a significant number in relation to other employment matters such as disciplinary or performance processes.
- [TRIANGULAR RELATIONSHIPS ARE LAW Part 2](https://russelldrakeconsulting.co.nz/2020/07/13/triangular-relationships-are-law-part-2/): Effective as of the 27 June 2020 the Employment Relations “Triangular Employment” Amendment Act 2019 came into place bringing with it a number of new responsibilities and liabilities for those employers who may engage ‘contract’ labour.
- [TRIANGULAR RELATIONSHIPS ARE LAW](https://russelldrakeconsulting.co.nz/2020/07/07/triangular-relationships-are-law/): Effective as of the 27 June 2020 the Employment Relations “Triangular Employment” Amendment Act 2019 came into place. This is a significant piece of legislation that will impact on more employer’s than just those who use labour hire organisations. Over the next two weeks we will be doing a short series on the implications of this new legislation and the recommended changes businesses will need to make to avoid the increased potential risks and liabilities.
- [WAGE ARREARS CLAIMS](https://russelldrakeconsulting.co.nz/2020/07/07/wage-arrears-claims%ef%bf%bc/): The majority of these wage arrear claims are aligned to wage reductions associated with the lockdown period, particularly where employees had their usual income reduced to either the government $585.80 wage subsidy payment amount or to 80% or less than of their usual earnings.
- [AFTER THE DUST SETTLES](https://russelldrakeconsulting.co.nz/2020/06/26/after-the-dust-settles%ef%bf%bc/): The events of the last few months have had a dramatic impact on the financial state of many companies however, while it is important to recognise this and plan for how the businesses revenue can be increased, it is just as important to beware of how this period may have impacted on the morale and emotional wellbeing of your workforce.
- [What is the New Normal?](https://russelldrakeconsulting.co.nz/2020/06/19/what-is-the-new-normal%ef%bf%bc/): As a result of the COVID-19 lockdown period, many employees were requested to continue to undertake their duties and responsibilities from their homes in order to qualify for the continuation of full or reduced remuneration entitlements. With us now having returned to Level 1, and the majority of employees returning to their pre-COVID work arrangements, many businesses are still open to negotiating ‘working from home’ arrangements with their staff.
- [WAGE SUBSIDY EXTENSION](https://russelldrakeconsulting.co.nz/2020/06/09/wage-subsidy-extension%ef%bf%bc/): Last week the Government announced an extension to the Wage Subsidy scheme that could see eligible employers receiving additional wage assistance payments for a further eight (8) week period (10 June to 5 August 2020). Minister Grant Robertson has not ruled out extending the subsidy payment again stating that this will be looked at closely.
- [MOVING BEYOND THE WAGE SUBSIDY](https://russelldrakeconsulting.co.nz/2020/06/04/moving-beyond-the-wage-subsidy%ef%bf%bc/): For many companies, Friday 12 June 2020 will mark the end of the Government 12 Week Wage Subsidy period. Other businesses who were ‘late starters’ on the subsidy will see this come to an end one to two weeks later. Unless you qualify for the extended wage subsidy (maintaining greater than 50% decline in income) the end of the subsidy period will have a significant impact on your business.
- [THE FUTURE WORKFORCE](https://russelldrakeconsulting.co.nz/2020/05/26/the-future-workforce%ef%bf%bc/): A recent study confirmed that the majority of businesses, of all shapes and sizes, operate with less than three (3) months of available funding and therefore face significant pressure to survive in the time of a crisis. This has been reinforced by the collapse of businesses such as rental car giant Hertz, as well as many small to medium enterprises locally. Had it not been for the Government Wage Subsidy programme many more businesses would have been facing the decision as to whether to shed more staff or close altogether.

## Pages
- [Home (New)](https://russelldrakeconsulting.co.nz/home-new/): As one of NZ's leading Employment Relations and HR firms, Russell Drake Consulting provides specialist support to business owners and managers to enhance organisational efficiency, growth, and profitability.
- [What is the role of an Employment Relations Consultant](https://russelldrakeconsulting.co.nz/what-is-the-role-of-an-employment-relations-consultant/): As ER Consultants we often get asked the question – How to handle employee misconduct?As Employment Relations (ER) Consultants we advise business owners and managers on various aspects of the employment relationship. We assist in resolving workplace conflicts, ensuring legal compliance, and fostering positive work environments by handling personal grievances, investigations, disciplinary actions, and negotiation. We act as an expert guide through complex employee issues from disputes to restructures, and providing representation in mediation, the Employment Relations Authority and the Employment Court.
- [When Does an Employment Relationship Legally Start in New Zealand?](https://russelldrakeconsulting.co.nz/when-does-an-employment-relationship-legally-start-in-new-zealand/): The line between recruitment discussions and a binding employment relationship can be thinner than many employers realise. Recent Case Law shows that even casual email exchanges may create legal obligations, sometimes giving applicants the same rights as employees, even before day one on the job. This article explains what legally constitutes an employment offer, what “a person intending to work” means, and what employers must consider before withdrawing an offer.
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- [How to dismiss an employee](https://russelldrakeconsulting.co.nz/how-to-dismiss-an-employee/):  It must be stressed that ending an employment relationship is not as simple as it may sound and requires a legally binding process that must be followed to prevent an unfair dismissal or a constructive dismissal. NZ employment law is very strict about the reasons for ending an employment relationship and how to dismiss an employee. It should not be viewed or used as a quick and easy way to cut costs or remove a team member that you may have personal issues with. 
- [The Disciplinary Process in NZ](https://russelldrakeconsulting.co.nz/the-disciplinary-process-in-nz/): If you are an employer who has found themselves in a situation where disciplinary action may need to be taken against an employee for a breach of company rules, poor performance or as a result of a serious incident, it is your duty to ensure that you are familiar with the correct procedure to be implemented.
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- [Four Policy Pack](https://russelldrakeconsulting.co.nz/product/four-policy-pack/)
- [Individual Employment Agreement](https://russelldrakeconsulting.co.nz/product/individual-employment-agreement/): Employment Law requires that every employee must have a written employment agreement and that this must meet minimum legal obligations. This template is ideal as a starter template for general employees.
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