17/10/13 Murdered at work The District Court at Waitakere, on 14 October 2013, issued a long-awaited Decision regarding a security guard who was murdered at his place of work on his first night of employment. We successfully defended the Employer, CNE Security Limited, which faced a number of charges, some of which were…
As a result of the Royal Commission, the Government is proposing some significant reforms of our Health & Safety Legislation. A new Government department is to be established called WorkSafe NZ and will be a standalone identity rather than simply an arm of the Department of Labour which it has been for generations.…
We attach a paper we presented at an employment law conference in April 2013…… WHERE TO FROM HERE! EXAMINING THE PROPOSED CHANGES TO THE EMPLOYMENT RELATIONS ACT This brief paper will consider firstly the vexed issues of Part 6A, and secondly the possible/probable changes to bargaining obligations. The main sources of information are: Employment…
The Court of Appeal, late on 27 August, issued a Judgment accepting our contention that the issue of whether or not a particular employee is a Part 6A worker is primarily a matter of fact and not of law and cannot be subject to an appeal in the Court of Appeal. The case involved a…
The Court of Appeal today, 22 August 2013, issued our judgment setting aside the High Court Decision regarding what happens to the accrued entitlements upon a Part 6A transfer. The Judgment is disappointing, however it clarifies that the outgoing employer does not have to remit accrued entitlements such as holiday pay to the new employer. …
The Parliamentary Select Committee heard over a thousand submissions, including some prepared or partially prepared by us, and the Government has not yet indicated which suggestions and proposals it will accept and what the future Amendment will be. The Government has also not indicated its timetable for introducing the Amendment. Presumably the Government is…
In May we highlighted two significant Employment Court decisions which are being appealed to the Court of Appeal. We are involved in both and as yet there has not been a date set down for a hearing which unfortunately could be early in 2014. Both these appeals may well have significant implications for employers,…
For those clients who have been involved in Part 6A Vulnerable Worker issues, we currently have two significant matters before the Court of Appeal. The first matter involves the difficult question of what happens to employees’ accrued entitlements such as holiday pay, sick leave, etc., on transfer. The current Part 6A is silent on…
The Government has announced sweeping new changes concerning OSH as a result of Pike River Mining Royal Commission of Enquiry. The Government is proposal enormous changes including a new Crown Department which will be separate from the Labour Department and a new legislative framework. The Minister has announced that it is modelled on the…
Clients should be aware that the Employment Court has issued two very significant decisions affecting redundancy and obligations and rights that arise when an employer is restructuring and employees are being made redundant. The first is “Totara Hills Farm v Davidson”, dated 20 March 2013, and the second, “Gilbert v Transfield Services NZ Ltd, dated…
