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…

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…

A Failed Applicant for a Position Succeeds in the Human Rights Review Tribunal

In a Decision of 27 February 2014, the Human Rights Review Tribunal of New Zealand determined that as part of the employer’s obligation, it was required to disclose the C.V.’s and personal information of other applicants regarding an unsuccessful Applicant who was alleging he was discriminated against on the basis of age. The Tribunal stated…

Final (Almost) Changes to the Employment Relations Act 2014

The Transport and Industrial Relations Committee reported back to Parliament late last year and the Government has indicated its proposed reconsiderations to the Amendment Bill. To summarise the Amendment Bill:- Clarifies disclosure requirements Provides for a new process to terminate collective bargaining There is also a new procedure to provide for an employer deciding to…

HR & Employment Law Summit

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…