News

$2.25m reasons for treating bullying and harassment seriously! Expand article
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In Australia, an employer has been ordered to pay a manager more than $2.25 million in compensation, penalties and costs after its CEO effectively destroyed her life. The Hawkesbury Race Club marketin...

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Fair Pay Agreements - Process Overview Expand article
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Obviously it’s early days yet as the Bill has only had its first reading. Recently the Minister of Workplace Relations said he doesn’t expect the legislation to be passed much before the end of the year; and he doesn’t expect the first FPA to take effect before the end of 2023, or perhaps early in 2024. 

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Protected Disclosures Act Replaced Expand article
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On 1 July 2022, the Protected Disclosures (Protection of Whistleblowers) Act 2022 replaces the Protected Disclosures Act 2020. 

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The Changing Landscape of Contracting .......... Expand article
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The process of establishing better rights for contractors has started.  A Tripartite Working Group comprising MBIE, CTU and Business NZ has recommended a set of policy changes to improve how regulator...

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Living Wage Increased Expand article
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Announced without much fanfare on 1 April, the Living Wage effective from 1 September 2022 will be $23.65.

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Time to get back to normal……… Expand article
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It’s becoming very clear that unless we snap out of negative thoughts about COVID and get back to some normality, the economy is going to remain sluggish in many sectors for longer, negative attitudes about returning to the workplace are likely to become more entrenched; and more people may suffer mental health impacts.

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Easter and Anzac Day Expand article
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The following are public holidays, but Easter Sunday is not.

  • April 15  - Good Friday
  • April 18  - Easter Monday
  • April 25 – ANZAC Day

Entitlements are straight forward this year because Anzac Day doesn't fall on a Saturday or Sunday.

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Trend to Enhanced Parental Leave Options Expand article
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Parental leave is a major feature of workplaces and can provide employers with a competitive edge in the labour market when it comes to attracting and retaining talent. 

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Restraints of Trade are Enforceable Expand article
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The recent case of Tova O’Brien and Discovery NZ Limited reinforces that appropriately crafted restraints in employment agreements can be successfully enforced.

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Rapid Antigen Testing (RAT) Flow Charts Expand article
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The Ministry of Health has produced two useful flow charts showing how to use RATs in the workplace.

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Preparing for Omicron – Obligation to Pay Employees Expand article
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With the onset of Omicron imminent, there is a lot of mis-information about employer obligations to pay employees who either have COVID-19 or who are a close contact of a person with COVID-19. There is evidence of some employees attempting to rort the system by seeking paid special leave from their employer on the basis they have been in contact with a person who is a close contact of a person with COVID-19.

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The Changing Nature of Work Expand article
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A recent Employment Court judgment continues a developing trend of changes as to what constitutes work; and the time during which employees are entitled to be paid (2021-NZEmpC-217-Humphreys v Humphreys and Ministry of Health).

Mr Humphreys looks after his severely disabled daughter and has done so for many years.  Mr Humphreys sought to clarify his employment status – whether he can be employed by his severely disabled daughter (as contended by the Ministry of Health) or whether the Ministry is his employer; and if so, what obligations flow from any such employment relationship.

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