Secret Recordings

We regularly get questions about the admissibility, in the Employment Relations Authority and/or Employment Court, about recordings taken secretly, i.e. without one party’s consent to do so.   The Employment Relations Authority in Firman v Insyn Limited recently determined that while recordings made secretly are not actions in good faith, nevertheless such recordings are generally…

Court of Appeal Determines the Nature of Disciplinary Investigations – September 2016

The Court of Appeal on 07 September 2016 issued an important judgment on how an employer is to conduct a disciplinary investigation that may result in the employee’s dismissal.   The Employment Court had previously concluded that there were procedural flaws in the employer’s investigation and that the employer’s interviewers had asked questions differently during…

Trial Period Decision – September 2016

The Employment Relations Authority recently held that a trial period clause in an individual employment agreement was invalid because it did not specify the actual trial period commencement date.   The Authority determined this was a requirement of Section 67A.   As a result the trial period clause was invalid and the employer was unable to…

New Health & Safety at Work Legislation

  Comes into force on 04 April 2016   Anyone involved in leadership or supervisory positions should be aware of their obligations and responsibilities under the new legislation, and the consequences for any individuals or organisations and the consequences of any breach of these requirements.   Key Features of the New Legislation Increased penalties for…

New Employment Standards Legislation

The Parliamentary Select Committee has reviewed the proposed new legislation, which will be considered in Parliament shortly.   The new Bill is an omnibus piece of legislation that amends various other legislative enactments affecting employment relations and employment standards.   The Bill seeks to achieve fairer and more productive workplaces in three distinct areas:- Explaining…

Employment Agreements

We thought it timely to remind clients concerning the requirements about having individual employment agreements in writing, and the mandatory terms required in all employment agreements.   “Must Haves”   Terms and conditions that must be included in an individual employment agreement by law:-   Employer and Employee names Job Title Job Description Place of…

Full Employment Court Judgment Regarding Section 9 and What Constitutes A Union Preference – dated 02 February 2016

The matter involved the Amalgamated Workers’ Union and Fletcher Concrete (trading as Golden Bay Cement). The disputed clause related to the selection, training, and promotion procedures onsite, and preferred those members of the Union who were covered by the applicable collective agreement. Those employees had conditions which other employees did not.   The Employment Relations…