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…

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…

Cathay Pacific Pilots - landmark employment court decision

Landmark Employment Court Decision – Cathay Pacific Pilots

We appeared recently in the Employment Court representing a group of Cathay Pacific pilots who are based in New Zealand, but spend most of their working time outside of New Zealand.  Their employment contract specified that their employment was subject to the laws of Hong Kong.  Their employment conditions contained a mandatory retirement age of…

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…