latest news & updates
Pre-Employment Issues
In New Zealand, it is not an easy process to terminate an employee’s employment if they are unsuitable for a role. For this reason, if you are an employer, spend the time to ensure you offer employment to the best possible candidate for the role.
Health and Safety Changes – Directors need to act now!
New Zealand’s biggest health and safety reform in 20 years is one step closer. The object of the changes is to improve New Zealand’s appalling record in workplace safety. The independent task-force identified that health and safety needs to be driven from the very top.
Employer Ordered to Provide Applicants’ CVs to Unsuccessful Applicant
Alpine Energy Ltd was ordered to hand over the names, CVs, qualifications and reference information attaching to job applicants, to an unsuccessful applicant who claimed he had been discriminated against (refer Waters v Alpine Energy Ltd, 20 February 2014).
Out of Work Behaviour a Problem?
As a rule, conduct by an employee out of work hours does not justify disciplinary action unless there is a material connection between the conduct and damage to the employer.
Scenarios where an employee’s off duty conduct gives rise
Listening in the Workplace
Far too frequently problems occur in the workplace as a result of a lack of listening. This lack of listening may involve an employee not listening to an employer, an employer not listening to an employee, or an employee not listening to one of their colleagues…
Mental Wellbeing at Work
When our mental wellbeing increases, so does our productivity, creativity, empathy, physical health and resilience. Further, risks of mental and physical health are reduced.
Latest research in positive psychology shows us that optimal mental health correlates strongly with…
Dismissal for “out of work” Behaviour
A recent case Hallwright v Forsyth Barr Ltd has provided further insight into the court’s approach to misconduct occurring outside the workplace.
Misconduct outside the workplace may justify a dismissal. However, employers should take care to act reasonably in the circumstances and to follow a fair process. This may include…
Increasing your Company’s Productivity
One of the most rewarding ways to increase your organisations’ productivity is to increase your own happiness and then the happiness of your employees.
Ground-breaking research shows us that happy people are more creative, solve problems more effectively and efficiently…
Restraint of Trade Clauses in Employment Agreements
A restraint of trade clause in an employment agreement may be used to prevent an employee competing with an employer, and be used to restrict an employee from soliciting an employer’s clients, suppliers and employees.
Without a clause expressly setting out the terms of restraint, an employee is generally free to work for a competitor, or
Health and Safety Update
On 7 August 2013 the Government announced their plan to improve workplace health and safety systems. The Government’s key goal is to reduce the rate of fatalities and serious injuries in the workplace by at least 25% by 2020.
The Government has designed the plan around 3 foundation concepts being…
More Detail required on Medical Certificates
According to a recent NZ survey 70% of employers are not satisfied with the medical certificates they receive from employees taking sick leave. Specifically employers are concerned that: doctors are issuing medical certificates without medical cause; …
Redundancy Law Turned on its Head
Up until now, an employer has had a right to structure its business in any way it wishes, and the Authority or Court has not been entitled to enquire further into the business reasons behind a restructuring proposal.
This long established view has been turned on its head by a recent decision from the Employment Court.
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