News

Uber Drivers - Independent Contractors or Employees? Expand article
Contract article

This and a number of other cases suggest a sea change has begun.  For example, the National Labour Relations Board is considering whether it will define McDonalds as a joint employer of crew in its fr...

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Trial Periods and Pre-employment Tests Expand article
Contract article

A recent Authority decision in Kyra Hansen v Shooting Star Enterprises Ltd T/A Fusion Salon establishes some key points in respect of the above matters. 

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Collective Bargaining Expand article
Contract article

Duty of Good Faith does not require collective agreement to be concluded There is no longer an obligation to conclude a collective agreement, nor is there any obligation to continue bargaining after a...

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Health and Safety at Work Act 2015 passed Expand article
Contract article

The Health and Safety in Employment Act 1992 was based on the employee/employer relationship. The Health and Safety at Work Act 2015 broadens this to include “workers” and “persons conducting a busine...

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Tougher Employment Standards Expand article
Contract article

The Employment Standards Legislation Bill introduced to Parliament on 13 August 2015 promotes fairer and more productive workplaces by providing enhanced protections and benefits for both employers an...

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Changes to Easter Sunday Trading Expand article
Contract article

Currently most shops are prohibited from trading on Christmas Day, Good Friday, Easter Sunday and ANZAC Day (until 1.00 pm on 25 April).  However some businesses such as dairies, service stations, tak...

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Rest and Meal Breaks Expand article
Contract article

Entitlement The former prescriptive approach to rest and meal breaks which was unworkable in many situations, is repealed.  However, employees are entitled to rest and meal breaks that provide a reaso...

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Good Faith Expand article
Contract article

The Employment Court’s decision in Vice-Chancellor of Massey University v Wrigley [2010] NZEmpC 37 caused employers to be concerned about the information required to be provided to an employee in resp...

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Continuity of Employment (Part 6A) - Subpart 1 Expand article
Contract article

Object The object of subpart 1 of the Act is to provide protection to specified categories of employees if as a result of restructuring, their work is to be performed by another person. The categories...

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Flexible Working Expand article
Contract article

The Act extends the right to request flexible working arrangements to all employees, not just those with caring responsibilities as was previously the case. In this context “working arrangements” mean...

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Trial Periods Expand article
Contract article

The Act has clarified a grey area concerning the lawfulness of trial periods for employees bound by a collective agreement. The amended s.67A(5) in essence provides that a trial period may be included...

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Removal of 'first 30 days' rule Expand article
Contract article

Previously where there was an applicable collective agreement in place, the terms and conditions of employment for all new employees for the first 30 days, could not be inconsistent with those of the ...

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