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
The Employment Relations Authority has upheld a personal grievance claim for sexual harassment and unjustified dismissal. The employee was subjected to numerous attempts to get her to enter into an intimate relationship with the employer, which she rebuffed and told the employer to stop.
The employer then made her redundant with no consultation. The first she knew was when she was told her position was no longer needed. The… Continue reading
The Teachers Disciplinary Tribunal has found a Principal guilty of serious misconduct, for failing to take steps to protect the school’s pupils from the actions of a teacher, later convicted of numerous sexual assaults on young male pupils of the school.
The Principal was advised by the Police that the teacher was having pupils stay over at his home and that he should take action to stop this. The… Continue reading
Recently, we had a client who had lost a number of experienced New Zealand staff due to a hot job market. With new contracts coming in, our client needed several new workers to meet production demands. We recommended that our client apply for ‘approval in principle’ to bring in a number of overseas workers. Approval in principle sped up the visa process when qualified workers were found overseas.
It… Continue reading
The Teachers Disciplinary Tribunal has found a teacher guilty of serious misconduct for failing to report a physical altercation with a student during a school sports trip.
The student had been playing up during the trip and the teacher stopped the school van to confront him. The Tribunal was not satisfied that the teacher had assaulted the pupil but found that his failure to report the altercation was a… Continue reading
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