A New Zealand business was pleased to offer employment to a bright and talented English job applicant who interviewed well, and proved her working holiday visa allowed her to work in New Zealand.
The new employee worked well with the team, and her business acumen pushed profits up. The employer was happy with the employee, and she loved the relaxed Kiwi lifestyle. Unfortunately, after 12 months the employer found itself in… Continue reading
The Employment Court has overturned the Employment Relations Authority and held that a worker dismissed for punching a colleague was unjustifiably dismissed. The ERA had found the dismissal justified.
The employee had been hit in the eye by a rubber band. He punched the colleague in the head as a reaction to being hit in the eye.
No complaint was made by the victim of the punch, and… Continue reading
In the busy lead up to Christmas, a man shopping at a large retail store tripped and fell over a juicer box displayed in the aisle. The fall injured his hip and left him with a fractured femur.
The retailer was protected from a personal injury claim, due to ACC legislation, but was prosecuted for a breach of health and safety legislation.
The charge laid was for failing… Continue reading
Unsurprisingly the Employment Relations Authority has upheld an employee’s personal grievance for unjustified dismissal after he was assaulted and sworn at by his employer and told in abusive language to leave the work site.
The employee had been working on machinery and wearing earmuffs and goggles when the employer suddenly appeared next to him. The employer proceeded to push and shove the employee and hit the employee’s hard hat… Continue reading
An employee failed to attend a work-related course paid for by the employer, so the employer decided to take the fees out of the employee’s wages. The employee noticed that his wages were lower than normal, and asked for an explanation. The employer explained that the fees for the course had been deducted.
Is this permissible?
The answer depends on whether the employee had provided his written consent… Continue reading
The Employment Relations Authority has confirmed that all casual employees must be given employment agreements.
The employer had not provided an agreement because it considered the employee to be a casual, but the ERA made it clear this was a misunderstanding of the legal position.
The employee’s claim for a personal grievance for unjustified dismissal and 12 months wages failed because the ERA held the employee was still… Continue reading
The Employment Court has fined an employer for failing to comply with an Employment Relations Authority order for payment of holiday pay ($1,568). The employer indicated it would pay the holiday pay but failed to do so. The Court imposed a fine of $8,000, payable to the Crown, plus costs.
A relatively small liability has grown in size by over 500% and the original debt still has to be… Continue reading
The Employment Relations Authority has upheld an employer’s claim for a breach of its code of conduct. The employee was involved in a dispute with the employer over his pay level and performance. He secretly recorded meetings with managers and had access to confidential information from the manager’s laptop. He also failed to return confidential information after he resigned.
The employer’s code of conduct prohibited the use of recording… Continue reading
The Employment Relations Authority has upheld a personal grievance for unjustified dismissal after a personal assistant to a mayor was sacked for signing the nomination form for another mayoral candidate.
The Council’s protocol on elections stated that staff could not align themselves with or support candidates. The employee had not read the protocol and signed the nomination form on the spur of the moment.
The ERA found the… Continue reading
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