The Employment Court has overturned a decision of the Employment Relations Authority. The ERA held that a commercial cleaner was an independent contractor.
The worker participated in the company’s core business and did not have any specialist skills as would be expected of a contractor. The cleaner had regular and unvaried work, and received fortnightly wages unlike company contractors who received monthly payments.
Despite taxation arrangements indicating an… Continue reading
A recent case demonstrates the need to be clear on what is due to or owing from an employee before you agree to a negotiated exit.
In this particular case, the employment relationship ended part way through the first year on negotiated terms entered into at mediation.
It had been the employer’s practice to pay wages monthly, 2 weeks in advance and 2 weeks in arrears. It paid… Continue reading
Different rules apply for different employees when it comes to annual leave.
Entitlements after 12 months
Permanent employees who have worked for 12 months or more have a minimum entitlement to paid leave equal to 4 weeks. The amount paid for a week’s leave is the greater of either:
- The ordinary weekly pay for that employee; or
- The average weekly pay across the last year
A teacher has been convicted in the District Court for importing methamphetamine and has been sentenced to six months home detention with a series of conditions.
A package containing four bags of methamphetamine was intercepted by New Zealand Customs which led to the teacher’s home being searched. Three meth pipes and eight empty bags containing white powdery residue were found hidden within her chest of draws.
The Teachers… Continue reading
The Employment Relations Authority has fined an employee $1,500 as a deterrent to others who attempt to con their employer and the ERA over alleged injuries.
The employee claimed a shoulder injury prevented her carrying out her tasks in a retail store. Photographs taken by a private investigator showed her carrying out tasks inconsistent with her claimed injury.
The ERA found that the information she had provided to… Continue reading
If a creditor receives a payment within two years of its debtor going into receivership the payment is at risk of being declared voidable by the liquidator.
The Supreme Court has restricted the payments that liquidators can challenge by protecting payments given for value.
The previous interpretation by the Court of Appeal had allowed claw backs of payments where the value given was at the time of the… Continue reading
Do you have written employment agreements for all your staff. Written employment agreements are required for every employee. There are certain requirements of the agreement including the obvious ones such as names of the parties, hours and place of work, wage/salary, job description but there are also other mandatory clauses such as the processes for dealing with disputes and grievances, restructuring protection clauses, public holiday pay, 90 day trials etc… Continue reading
An employee resigned from his employment after undergoing several disciplinary investigations in which he received multiple written warnings.
The Employment Relations Authority rejected the employee’s personal grievance claim for unjustified constructive dismissal. The ERA held that the employee had to prove that the employer had followed a course of action with the deliberate intention of attaining his resignation or that the employer had breached a duty owed to the… Continue reading
A government agency has been investigated by the Privacy Commissioner after an employee complained to the agency about the work practices of her employer.
The employee notified the agency that she wished for her name to remain confidential while they were investigating her complaint. The employee was horrified to learn that during the inspection of her workplace, her identity had been accidentally disclosed to her employer. As a result… Continue reading
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