For any office function you need to consider the hazards and then eliminate, isolate or minimise them. Be polite but firm to avoid dangerous hi-jinks.  Avoid over consumption of alcohol and take steps to avoid staff driving home over the limit.  You can be responsible for civil and criminal actions if you fail to keep employees and guests safe.  You can also be liable for sexual or other harassment that occurs.

If you do get a complaint.  Don’t fob it off but investigate it properly.

Further information is available in the Employment Section of our Articles.

The employer immediately suspended the employee on full pay and carried out an investigation in which it found that the employee had injured the other employee and that his actions constituted serious misconduct.  He was dismissed.

The Authority agreed with the employer in so far as the investigation was concerned, and decided that the processes had been clear, correct and proper.  The Authority also agreed with the outcome of the investigation process and held that the employer was justified in dismissing the employee.

However, the Authority said that the employer should not have suspended the employee in the manner it did.  The employer suspended the employee without any process and without giving the employee an opportunity to comment or respond to the proposed suspension.  Being suspended, even on full pay, is a drastic action.  Despite the seriousness of the allegations, an employer must always carry out proper process and give the employee an opportunity to comment or respond before making a decision to suspend.

As a result of the improper suspension, the authority awarded the employee $1,000 compensation.

This case shows that no matter how serious the allegation, an employer is always required to carry out proper process and comply with employment law.

If you need assistance on this issue or on other employment problems, please call us on 0800 733 424 or check out our website www.raineycollins.co.nz

The employee had received a previous warning for excessive personal calls and emails some years previously that had expired*, plus several more recent concerns raised (without any formal process). 

The Employment Relations Authority was concerned that the data collected by the employer to show the alleged breaches was too old, and that 20 other employees had higher personal use than the employee dismissed.

It is very important that the information an employer uses to justify disciplinary action is:

1. Recent – it cannot be stored up for later use; and
2. Accurate – it must be carefully looked at to ensure it is correct.

The employer must also be consistent in their treatment of employees. If several are breaching policies on telephone, email, or internet use then all need to be investigated and dealt with appropriately.  The outcomes can differ due to the amount of use and previous warnings, but the policies need to be consistently applied.

Employers should have clear policies and enforce those.  If not, then they run the risk of not being able to act when they want to.  If you need help with your internet/phone policies or to know what to do when you suspect a breach, please give me a call on 0800 733 400.

*A Disciplinary warning does not last forever and will expire if a date is specified (e.g. 12 months) or when ever a sufficient period has passed that means it would not be fair to continue having the warning hanging over the employee. The length of time will depend on the circumstances and particularly the type of behaviour eg a warning for a physical assault will generally last longer than one for swearing.

Her employer had clear policies on the use of the staff discount card, and holding of items, which had been brought to the manager’s attention several times.

Her continued breaches of the policies meant that the employer had lost trust and confidence in her ability to read and conform to the policies.  The Employment Relations Authority upheld her dismissal because the policies were clear and the process followed had been fair and thorough.

If you need assistance putting in place clear policies for staff discounts/purchases or for dealing with breaches, please call Alan Knowsley on 0800 733 400.

Dealing with employment disciplinary issues and performance reviews can be stressful for employers and there are steps which must be followed to ensure that you get the process correct.  A failure to properly handle the investigation or review may result in a personal grievance claim and that can be expensive as well as the cause of wasted time which would be better spent on productive activities.

In this seminar I will deal with practical problems that arise in disciplinary matters and reviews and take you through a step by step guide as to what to do, so you can confidently handle issues that arise and avoid falling into the potholes.

To register your attendance please enter your details below and submit or contact Margaret Owens on (04) 473 6850.

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The company had failed to adequately identify, and then eliminate, isolate or minimise, the risks of injury.

The Court said that the offending was serious and a deterrent sentence was necessary. 

To avoid ending up with a hefty fine and other costs make sure your processes for indentifying hazards are up to date.  Then take all practicable steps to eliminate, isolate or minimise the risk of harm arising. 

You can download our simple-to-follow Safety Action Plan from our website www.raineycollins.co.nz or call me on 0800 733 400.

She felt she was unjustifiably dismissed and sought special leave to raise a personal grievance outside the 90 day time limit on the basis that she was not, during that time, in a mental state to consider taking action against the DHB.

To prove her state of mind at the time, she brought evidence forward from a relative and her medical practitioner.

In rebuttal, the DHB sought to bring their own evidence about her mental health, to contradict her claim.

The nurse opposed the Health Board’s evidence about her mental state being admitted on the grounds that it was confidential. However, the Court held that no one could have reasonably expected that the DHB would not disclose the information about her mental health.

Because she herself had raised the issue of her mental state, and brought evidence about it, any confidentiality was outweighed by the Court’s need to have all the information to assess the nurse’s mental and emotional state at the time.

If you are involved in proceedings all the information relevant to your claim could come out in Court, even if it is confidential, such as medical information.

For advice or information on employment issues, please feel free to call Alan Knowsley toll free on 0800 733 400.

The Authority held that the actual redundancy was genuine and that the employee’s position was “terminated for genuine commercial reasons.”  However, the company failed to adequately consult with the employee before it made a decision to make her redundant.

This case shows how important it is to ensure that employees are properly consulted and given an opportunity to provide input during a redundancy process.

For advice on how to ensure your employees are appropriately consulted and on how to carry out the proper process, please feel free to call us on 0800 733 400.

Dealing with employment disciplinary issues and performance reviews can be stressful for employers and there are steps which must be followed to ensure that you get the process correct.  A failure to properly handle the investigation or review may result in a personal grievance claim and that can be expensive as well as the cause of wasted time which would be better spent on productive activities.

In this seminar I will deal with practical problems that arise in disciplinary matters and reviews and take you through a step by step guide as to what to do … so you can confidently handle issues that arise and avoid falling into the potholes.

To register your attendance, enter your details below and submit or contact Margaret Owens on (04) 473 6850.

cforms contact form by delicious:days

In 2007 an IHC support worker took his employer to the Employment Relations Authority, arguing that he should be paid at least the minimum wage for every hour he is working, including those when he is asleep but on duty.  The authority found in his favour.  His employer then appealed to the Employment Court and subsequently the Court of Appeal; who also found in the employee’s favour.  His employer was granted leave to appeal to the Supreme Court in May this year, with the hearing scheduled for September. However, an out of court settlement has meant this hearing did not take place. Instead an agreement has been reached, bringing the four year Court battle to an end.

This $150 million settlement deal will see disability support workers (of whom there are over 3,700 in New Zealand) initially paid $60 per sleepover, 50% of the minimum wage.  It would then be increased to 75% of the minimum wage by July 1 next year, and increased to the full minimum wage by July 2013.  Back pay for workers is also available under this deal.  Once legislation is passed union members may apply to be back paid for their sleepovers for up to five years.  It is estimated back pay amounts will range from $10,000 to $70,000 per worker.

Unfortunately, this agreement does not apply to all people who sleepover as part of their job.  However, it does show the potential outcome if other employees were to take the matter to Court.