The Employment Relations Authority has upheld an employee’s personal grievance claim for unjustified dismissal after her employer made her redundant during her maternity leave.
The employer had agreed to keep her job open during her maternity leave but after rearranging workloads it decided it could do without her and save money.
The employee was advised her position was redundant and was not given an opportunity to have input… Continue reading
A truck driver has lost his personal grievance claim for unjustified dismissal as he had not been dismissed.
The driver got into a heated argument with his employer over servicing of his truck and was told to go home. He responded by telling the employer where to stick his job and that he quit.
The employer followed up over the next few days to ask when the employee… Continue reading
The Employment Relations Act requires employers to provide breaks, and facilities, for employees who wish to breastfeed during work hours…
Employers may be penalised by the Employment Relations Authority if they don’t meet required standards. Failure to accommodate breastfeeding may also constitute sexual discrimination under the Human Rights Act.
Fortunately, it’s relatively easy to comply. A proactive approach also helps establish the employer’s reputation as a “family friendly”… Continue reading
A worker dismissed for taking part in a “Harlem Shake” video at work has won his unjustified dismissal claim and reinstatement.
The Employment Relations Authority found that taking part in the video was misconduct but that his dismissal was not justified.
Several other employees received only warnings, and the ERA could find no justification for the discrepancy between their treatment and that of the dismissed employee. In addition… Continue reading
The Employment Relations Authority has held that the names of complainants may be withheld from the employee being investigated in some circumstances.
In this case the witnesses all feared for their safety if their names were disclosed. The employer investigated, and discounted any collusion between them as to the allegations.
The ERA held that, not only must the use of a secret witness be justified, but that the… Continue reading
The rules on what trees on private property may be trimmed or felled differ from council to council in the region.
The Wellington City Council views trees on private property as private property. Owners may trim or fell trees without running foul of council by-laws. In some circumstances, the council may require owners to trim trees back where public footpaths or roads are obstructed by overgrown… Continue reading
Pierre had just purchased a café business and was keen to move in and start implementing his ideas. Jocelyn was the landlord of the building in which the business was operating, and because of her love of adventure travel, was often hard to pin down.
Unfortunately for Pierre, this meant that the previous business owner had never managed to get a written lease in place with Jocelyn. Pierre knew… Continue reading
The Employment Court has upheld a claim by 11 staff of two boarding colleges for extra pay relating to sleepovers. They were required to be available to attend to incidents in the boarding houses of their schools over night.
The Court held that the Minimum Wages Act applied to the staff even though they were paid a salary rather than hourly wages. It found they were entitled to the… Continue reading
John owned an apartment on the top floor of a three level complex that had small commercial units on the bottom floor. At a recent Body Corporate AGM, the owners of the commercial units raised an issue – they didn’t think that using “ownership interests” on the title to the property was a fair way of working out levies.
They argued that the levies they paid were put towards… Continue reading
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