Home / News & Events / Employment

Employment

Proposed mental health guidelines a step change for workplace safety
WorkSafe has proposed a guideline to help persons conducting a business or undertaking (PCBU) understand and manage psychosocial risks at work. It clarifies what psychosocial risks are, why they...
Read More
Partnership with Drake NZ announced
We are proud to announce that we’ve partnered with leading recruitment firm Drake New...
Genuine restructuring or unjustified dismissal?
A recent case highlights that unresolved employment relationship issues have the ability to derail...
Written agreements crucial for employees
A recent Employment Relations Authority case highlights the importance of employers providing employees with...
2025 Workplace Law webinar series announced
Our popular Workplace Law webinar series is back for another season. Please join our...
When someone is just not medically up to the job
One of the toughest areas of employment law is the issue of when an...
And that’s a WRAP, 2024
2024 was a year of interesting changes and proposals – and we’re expecting 2025...
Early Christmas present from Minister of Immigration
With less than a week until Christmas, the Minister of Immigration has announced a suite of...
Dirty tactics could jeopardise court costs and reputation
A recent case is a good reminder to choose advocates and lawyers carefully. Advocates...
ACT’s Employment Relations Amendment Bill attracts criticism
Recently, the ACT party’s Employment Relations (Termination of Employment by Agreement) Amendment Bill (Bill),...
Landmark decision lands ex-CEO in troubled waters
In a landmark decision, the Port of Auckland’s former CEO has been found guilty...
Personal grievances for high earners shelved under proposed law change
Proposed changes to the Employment Relations Act 2000 would mean an employee earning above...
Difficult to recover loss when notice period clipped
Employers seeking to recover damages from an employee who fails to work out their...
10 Health and Safety lessons from Whakaari (White) Island Prosecutions
Join us and Rubix Safe for a joint workshop that covers the top 10...
Employer obligations in workplace investigations
Whether it’s allegations of misconduct, bullying, or health and safety, conducting fair and proper...
Australia’s industrial manslaughter offence – what can NZ expect? 
Industrial manslaughter has recently become an offence in New South Wales and might not...
Employee vs contractor – greater clarity or more confusion?
We now have more details on proposed changes to the employee vs independent contractor...
Flexible working under the spotlight
The laws governing flexible working arrangements are under the spotlight following a recent top-down...
Bill could deem employers thieves
Employers could be deemed thieves for failing to pay employees money owed to them...
Records of Settlement and capacity issues
While the threshold for overturning a Record of Settlement is high, a recent case...
End of Life Choice Act – terms of reference released
The coalition Government has released the terms of reference for its first statutory review...
Health and Safety consultants found liable
In a New Zealand first, a health and safety consultancy has been charged under...
Uber Drivers are Employees — Court of Appeal
In this long-awaited decision, the Court of Appeal (CA) has affirmed the Employment Court’s...
Costly u-turn on employee dismissal
Failing to follow a fair process when dismissing an employee could result in their...
Director personally liable for employment breaches
The director of a company and his wife, a manager, have been ordered by...
Has my employee abandoned their employment?
There are a number of steps employers should take when determining whether an employee...
Consultation versus confidentiality
The Court of Appeal has declined an application for leave to appeal the Employment...
Proposed parental leave changes promise more flexibility
Proposed changes to parental leave legislation promise more flexibility for non-biological parents, and more...
Precedent-setting Siouxsie Wiles harassment court case
The University of Auckland has been ordered to pay $20,000 in damages to employee...
Emojis in the workplace: potential risks and guidance
Emojis can lead employees into trouble if they’re used inappropriately in the workplace –...
Government moves to stop contractors challenging employment status
The Government appears to be moving ahead with plans to prevent independent contractors from...
Working until the job is done? availability issues in employment
Personal grievances and claims for wage arrears are just two consequences of poorly worded...
Keeping it casual: dismissals during casual employment
Employers are still liable for unjustified dismissal, even when the employee in question is...
Proposed Holidays Act changes – will they get it right this time?
The Government’s proposal to reform the Holidays Act 2003 seems promising for employers, however...
Counting the cost of not acting in good faith
Failing to act in good faith can lead to hefty penalties for both employers...
Parental Leave – use it or lose it, baby!
A recent Employment Court decision highlights the importance of getting it right when applying...
Event: employment terminations
What happens after the termination of employment? Join our Christchurch-based employment law specialists for...
Employment law recognised by Doyle’s
Lane Neave along with its Managing Partner Andrew Shaw have been recognised by clients...
Employers play crucial role in supporting employee mental health
An alarming number of suicides in New Zealand are work related and a recent...
Court of Appeal U-turn finds family carers are not employees
The long-running legal debate about funding family carers for disabled people has taken a...
Secret workplace recordings – legally in or out?
Secret workplace recordings can sometimes be used as evidence in employment cases – and...
Adventure and adrenaline – new regulations
New regulations have been introduced that broaden WorkSafe’s powers and impose new obligations on...
Employment Agreements: the devil is in the detail
The devil is in the detail when it comes to employment agreements, as highlighted...
Privacy law: breaches, non-compliance and out-of-date – OPC
Privacy law may sound drab. But if you look beyond the (sometimes boring) statutory...
Court of Appeal hears arguments in latest Uber decision
Union representatives rallied outside the Court of Appeal in Wellington last week in anticipation...
Should warnings be time-bound?
It is well established that a warning can be issued to an employee following...
Is compensation for hurt and humiliation on the up?
In an Employment Court decision released last year, Chief Judge Inglis revised the bands...
How Criminal Charges Impact on an Employment Investigation
Former Te Whatu Ora – Health New Zealand (TWO) employee Mr Y has unsuccessfully...
Racial Harassment in the Workplace – When Group Banter Goes too Far
The Human Rights Review Tribunal (Tribunal) has ordered that an employer pay $10,000 in...
Accredited Employer Work Visas: guide to regional advertising
Many employers will be aware that the Immigration New Zealand (INZ) approach regarding multi-location...
Collective bargaining: are you required to participate?
In a determination released late last month, the Employment Relations Authority (Authority) found that...
Former employee who lost job over anti-vaccination Facebook post could have to pay $20,000
A former Wairarapa District Health Board (now Te Whatu Ora) employee may have to...
Tribunal considers employee’s liability for sexual harassment
Sexual harassment in the workplace has reared its ugly head in a recent Human...
Authority awards demoted teacher $10,000 in compensation
A Gisborne Boys High School (GBHS) teacher has succeeded in a personal grievance for...
Employee theft: your legal rights as an employer
Employee theft is an unfortunate reality that employers may have to tackle at some...
90-day trial periods available for all employers
On 21 December 2023, the Employment Relations (Trial Periods) Amendment Bill (the Bill) was...
New WorkSafe guidelines to promote mentally healthy work
WorkSafe New Zealand has been consulting on new health and safety guidelines for persons...
90-day trials: a refresher
A switch in Government from left to right invariably results in a return of...
Post-election employment policies: what’s in and what’s out?
After several weeks of waiting since the 14 October election, on 24 November 2023...
A moderate minimum wage?
With the recent release of coalition agreements between National and ACT, and National and...
Supie collapse: the employment implications
Last month, online supermarket Supie went into voluntary administration, owing $2.1 million to more...
Court issues Whakaari/White Island Health and Safety conviction
Whakaari Island’s eruption back in December 2019 was catastrophic, killing 22 people and injuring...
Ch-ch-ch-changes (of Government): Fair Pay Agreements
While the official results of the election will not be published by the Electoral...
90-day trials are dead, long live the 90-day trial
Notwithstanding some differences between the New Zealand National Party, the Act Party and New...
RDJ v SGF: proof and family violence leave
In our article in July, we discussed the Domestic Violence – Victims Protections Act...
The future of sick leave
As we leave the winter weather behind us and have recently observed Mental Health...
A reminder about restraints: employees and independent contractors
Parties to an individual employment agreement, or an independent contractor agreement, may agree to...
90% of investigated businesses found non-compliant with workplace law regulations
New Zealand’s Ministry of Business, Innovation and Employment (MBIE) recently confirmed to us under...
Tripping on drug policies
Drugs and alcohol pose a major health and safety risk to employers, particularly those...
What is redundancy, anyway?
A lot of employers and employees wind up in the Employment Relations Authority (Authority)...
New bill proposes reintroducing grounds of KiwiSaver-based personal grievances
Recently, MP Dr Tracey McLellan’s Employment Relations (Protection for KiwiSaver Members) Amendment Bill (Bill)...
Employment Relations (Restraint of Trade) Amendment Bill Update
The Employment Relations (Restraint of Trade) Amendment Bill (Bill) had its first reading on...
Jail sentence for workplace cover-up of health and safety incident
A pair of brothers are currently being sentenced for covering up a workplace incident,...
H&S Representatives and Committees: new requirements for PCBUs
The Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act...
Tikanga in employment relationships
The recent Employment Court decision in GF v Comptroller of the New Zealand Customs...
Records of Settlement and Capacity Issues
As we’ve noted in previous articles, once a Record of Settlement signed, it is...
Employee requests to work from home
Employers must consider and respond to employee work-from-home requests as soon as possible, and...
How to Handle “Proof” of Family Violence
The Domestic Violence – Victims Protection Act 2018 (Act) provides minimum protections for family...
Are Uber drivers employees?
The Court of Appeal granted leave last week for Raiser Operations BV and four...
Does it pay to invest in a payroll system?
The Holidays Act 2003 (Act) is notorious for its complexity, directing employers on what...
KiwiSaver information packs – who receives them?
Ironically, despite ‘information’ being in the name, current legislation around KiwiSaver information packs is...
Update your employment agreements: extended time for personal grievance for sexual harassment
Further to our previous article, the Employment Relations (Extended Time for Personal Grievance for...
Non-disparagement clauses: keep quiet and carry on
It’s not uncommon for someone to want to let off steam at the end...
Steel yourself for a restructure
New Zealand Steel Limited went to bat in the Employment Court in an attempt...
You’ve resolved an employment dispute. Now what?
Where parties to an employment relationship have resolved a dispute outside of the Employment...
New bill proposes to make wage theft a criminal offence
You wouldn’t steal a car, you wouldn’t steal a handbag, you wouldn’t steal a...
Criminal background checks – when is it appropriate to use them?
Information about a job applicant’s criminal history is personal information under the Privacy Act...
Privacy Commissioner exploring a Biometrics Code of Practice
Privacy Commissioner Michael Webster is currently exploring whether a privacy Code of Practice is...
Disciplinary process meets medical incapacity
The Employment Relations Authority has recently determined a matter involving a highly complex factual...
Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill Update
Over the previous 6 months we have been keeping you updated on the progress...
Do as the locals do
We often get enquiries from Australian clients, wanting to quickly convert their Australian employment...
Pay secrecy: can employers prevent employees from disclosing their salary?
For a long time, how much one’s colleagues earn has been a subject shrouded...
He said, she said – what do I say?
Employment investigations can be daunting. You’re having to speak with a distressed complainant, a...
Considering a restructure? Here is a refresher
With the continued financial downturn this year, companies may be looking to make changes...
Availability clauses have claws: proceed with caution
The recent Employment Court case of Stewart v AFFCO New Zealand Ltd NZEmpC...
Workplace Law Seminars: Queenstown and Wellington
Join our Employment Law Partners for two in-person, free seminars in Queenstown and Wellington...
Minimum wage increase: a double-edged sword
Prime Minister Chris Hipkins recently announced an increase to the minimum wage, effective 1...
Workplace Law Webinar Series 2023
Join Lane Neave’s three Employment Law Partners Fiona McMillan (Auckland), Andy Bell (Wellington), Andrew...
Do I have to pay employees during a natural disaster?
The recent flooding in Auckland and the upper North Island has left employers with...
Employment Court awards highest penalty amounts in history
Where an employer breaches minimum employment standards, penalties may be awarded against it by...
Employment law 2023: what lies ahead?
Welcome to 2023! We wish to take this opportunity to give you a bit of...
Bill proposing more time to raise a personal grievance for sexual harassment awaits third reading
In October 2021, MP Deborah Russell’s Member’s Bill, the ‘Employment Relations (Extended Time for...
Let’s talk: employment law podcast – proposed insurance protection scheme
In this episode of our Employment Law podcast, Managing Partner Andrew Shaw and Partner...
Fair Pay Agreements Factsheet: Overview of the process
Fair Pay Agreements (FPA) are sector-wide agreements that contain minimum employment terms for all...
Workplace law webinar: Fair Pay Agreements
The Fair Pay Agreements Act came into force on 1 December 2022. in this...
Fair Pay Agreements Regulations – a help or a hindrance?
The Fair Pay Agreements Act (Act) comes into force today, 1 December, and will...
Let’s talk: employment law podcast – Fair Pay Agreements Act
In this episode of Let’s Talk, Fiona McMillan and Elisabeth Giles discuss the –...
Copyright in the employment relationship: made by you, but is it yours?
In a world where content is king, intellectual property (IP) rights rule supreme. So,...
Does reputational harm justify an employment non-publication order?
In the Employment Relations Authority (Authority) and Employment Court (Court), unless a party to...
1 December 2022: Fair Pay Agreements System set to Kick-off
The Fair Pay Agreements Bill passed its third reading on 26 October 2022 after...
Employment Court delivers second ruling on Uber drivers’ status
Early last year the Employment Court found that a driver for Uber, Mr Arachchige,...
Restricting restraints – new bill seeks to limit restraints of trade
Employers have long used restraints of trade to safeguard their business by limiting an...
Screen Industry Workers Act: one law to rule them all?
The much-anticipated Screen Industry Workers Act (Act) received Royal Assent on 30 September 2022...
You’re an employer with limited funds. Can you use fixed-term agreements?
Strict rules govern the formation of fixed-term agreements. An employee and an employer may...
COVID-19 Protection Framework ends
At 11.59pm on Monday 12 September 2022, the COVID-19 Protection Framework came to an...
Queen Elizabeth II Memorial Day: how do I pay employees and can I make them work?
The Government has announced that on Monday 26 September 2022, New Zealand will observe...
Employees covertly recording conversations; process overrides substance again
In an era where employers and employees are becoming increasingly attuned to matters of...
The Birth of a Deal
In New Zealand, under the duty of good faith, employers proposing to make a...
The future is four?
Stuff reports that from 1 August, 20 businesses across different industries throughout Australia and...
Casual employee holiday pay: get it right or pay it twice
It is well known that employers can pay genuinely casual employees their holiday pay...
IRD provides incorrect advice re parental leave payments
The provision of incorrect advice from the Inland Revenue Department (IRD) regarding a mother’s...
Sexual harassment: guidance from the ERA
A question we often get from employee clients wishing to raise a claim for...
Pregnancy and paid parental leave protections
When the pitter-patter of tiny feet is announced there are several things to consider....
Anti-modern slavery legislation: a reality for New Zealand
When individuals consider the term ‘slavery’, its often associated with historic events that have...
Workplace Law Workshop Series 2022 – Christchurch, Wellington, Auckland
Following the success of events in Queenstown and Christchurch in May, the Lane Neave...
Beware the unlicensed workplace investigator
Where an employee has made a complaint about workplace conduct, employers are obliged to...
Can individuals be held liable for unjustified dismissal?
Earlier this year, we published an article outlining how individuals can be held personally...
It’s good to talk: our Employment Law podcast series is back
With so much going on in the world of employment law, we are reviving...
Bill proposes time extension for personal grievance for sexual harassment
On Wednesday 18 May 2022 the Employment Relations (Extended Time for Personal Grievance for...
New whistleblower framework receives royal assent
The Protected Disclosures (Protection of Whistleblowers) Bill (Bill) that was introduced into Parliament last...
No such thing as a free lunch? Unpacking the employment status of unpaid interns
In the lead-up to Easter, allegations were made regarding the mistreatment of interns and...
To resign, or not to resign?
Picture this. You are trying to conduct a performance management meeting with your employee....
Is positive discrimination lawful in New Zealand?
In 2021, the BBC advertised for a trainee position “only open to Black, Asian...
COVID-19 vaccination requirements: what do employers do now?
This week the Government made changes to vaccination requirements in the workplace, removing some...
While you were sleeping
Over the last decade or so, there have been a string of cases colloquially...
Fair Pay Agreements Bill introduced to Parliament
The promise of a Fair Pay Agreement (FPA) System was announced as part of...
Insurance scheme for no-fault employment termination proposed
New Zealand is currently one of the few countries in the OECD that does...
Can an employee be fired for protesting outside of work hours?
Earlier this month during the anti-mandate protests in Wellington a former Northland school teacher...
Authority declines interim reinstatement claim for unvaccinated employees
Whilst the recent High Court decision of Yardley v Minister for Workplace Relations and...
Pause for thought
Full disclosure, I talk about menopause in this piece. If that makes you squirm,...
Court sets aside police and defence vaccine mandates – should employers be concerned?
On 25 February 2022, the High Court released its judgment in Yardley v Minister...
To Pay, or Not to Pay? Ensuring your Volunteers are actually Volunteers
This Friday (4 March 2022) concludes the end of a fascinating two-week Employment Court...
Employers: know your obligations or risk personal liability
The Court of Appeal’s finding in Labour Inspector v Southern Taxis Limited highlights the...
COVID-19: What do I do if my employee has to self-isolate and cannot work from home?
Where employees have been advised to self-isolate in accordance with public health guidance and...
The Tova O’Brien case: what you need to know
Following the conclusion of a three-day hearing, the determination from the Employment Relations Authority...
I see red, I see red, I see red
On 20 January 2022 the Government addressed how New Zealand would respond to an...
‘Whistleblowers Bill’ offers clearer and more effective reporting regime
The Protected Disclosures (Protection of Whistleblowers) Bill (Bill) was introduced in June last year...
Vaccine mandates: consultation
The Employment Court in WXN v Auckland International Airport Limited recently overturned an Employment Relations...
It’s time for WorkSafe to work harder to protect mental health
WorkSafe recently did something quite novel: it issued an improvement notice to Te Aroha...
Bill proposes to extend time for personal grievance for sexual harassment
On 21 October 2021 MP Deborah Russell’s Employment Relations (Extended Time for Personal Grievance...
Court of Appeal provides welcome clarity on discretionary payments under Holidays Act
Employers can now breathe a sigh of relief when it comes to discretionary payments...
Australian Health Department charged for H&S breaches leading to COVID outbreak
On 22 October 2021, the Health Department from the Victorian State in Australia, faced...
Traffic light system and mandating vaccinations in the workplace
Employment law in the COVID-19 space is moving at warp speed, and we are...
COVID-19: risking it all
There has been much speculation about COVID-19 vaccine mandates for health and childcare workers...
No jab, no job: what does the authority have to say?
So far, we have three decisions from the Employment Relations Authority (Authority) on whether...
Employers and privacy: first compliance notice issued
In a move that is a stark reminder to employers of their obligations when...
Vaccinations in the workplace
New Zealand’s current approach to the COVID-19 pandemic is to stick with its elimination...
Here we go again, again – lockdown 2021 employment considerations
With the arrival of the COVID-19 Delta-variant in the community the country has swiftly...
Immigration confusion – a sustained loss of traction
Many of you may have questioned why you have not heard from us for...
Are delays in the hearing of sexual harassment cases affecting access to justice?
If a person has been sexually harassed during their employment, they can elect to...
Fatigue in the workplace
As we proceed well into the throes of winter it’s that time of year...
No jab, no job: authority to determine justifiability
It is arguably the (employment law) question of 2021: can employers terminate their employees...
Employment Law reform: what’s changed and what’s on the horizon?
2021 is shaping up to be a big year for changes to employment law....
Crossing the ditch: it’s not all bubbly  
Ever since the long-promised Trans-Tasman travel bubble became a reality on 19 April 2021,...
24 July 2021 – save the date
Employers and employees finally have a concrete date to work with. The Holidays (Increasing...
Room for improvement to parental leave laws
As I guiltily drop my 14-month-old off in the “Crawlers Room” at preschool (she...
10 days of sick leave: it’s official
The Holidays (Increasing Sick leave) Amendment Bill has now been passed, officially increasing employees’...
Fair Pay Agreements, coming soon to a workplace near you
On 7 May 2021, the Government announced the much anticipated Fair Pay Agreement (FPA)...
New public holiday: Matariki
There has been some controversy over Labour’s newest addition to the public holidays list:...
Case update: visa holders must be treated in good faith by their employers
A recent Employment Relations Authority (Authority) case has highlighted the importance of employers acting...
D-Day for employers of migrant workers
Today, INZ has released some further information in relation to the Accredited Employer Work...
Rounding up the change(s)
We’ve been getting queries from employers about any major legislative changes they need to...
Security officers – a vulnerable employee
The Government has passed an order to include certain employees who provide security services...
Four Lane Neave Partners named in ‘Best Lawyers’ guide
Four Lane Neave Partners have been honoured in the 2022 edition of The Best...
A cast-iron case for medical incapacity
We often hear about employers attempting to terminate an employment relationship by way of...
Forcing the point of vaccinations
With a rather significant portion of New Zealanders (about one in four) expressing reservations...
Common sense at last
Certainty, transparency and practicality; these are the straplines of the Holidays Act Taskforce’s Report...
Daze no more: Holidays Act 2003 set to receive a much needed revamp
The Government has officially accepted the Holidays Act Taskforce’s (Taskforce) recommendation to overhaul the...
Payment available to employers if employee cannot work and is waiting for COVID-19 test results
From 9 February 2021 the COVID-19 Short-term Absence Payment became available for businesses to...
Legislation update: proposed increase in sick leave entitlements
In line with their election promises, the Government has introduced the Holidays (Increasing Sick...
Time, space and the meaning of ‘ordinary weekly pay’
In the Court of Appeal case of Labour Inspector v Tourism Holdings Limited ...
Employment Court releases important COVID-19 decision
Were employees who did not perform work during Covid-19 entitled to receive minimum wage...
Election Results 2020: what Employment Law changes can we expect to see in the upcoming term?
On 17 October 2020 the election results were announced for New Zealand, presenting a...
Are current employment laws upholding Tikanga Māori in the workplace?
Lawyer Shelley Kopu gave a moving address at the recent Employment Law Conference in...
Looming increase in median wage
In a recent article published by Lane Neave, we addressed the fact that Statistics...
Potential changes to median wage rate
Most readers will be aware that in terms of current immigration policy, the median...
Ready, willing, but were they able?
With the Ministry of Business Innovation and Employment overrun with employment disputes arising out...
What will the landscape of employment law look like post election?
With the election looming we thought we would take a quick look at what...
Employment relationship problem update
We have been advised that MBIE’s Mediation Services are inundated with mediation applications as...
Let’s Talk: Employment Law podcast EP5
As you may have already seen, our employment law team here at Lane Neave...
Here we go again…
With Auckland in Level 3 and the rest of the country in Level 2,...
COVID-19 support still available for employers
In light of New Zealand being placed back into level 2 lockdown on 11...
Opinion: considerations for employers when employees want to continue to work from home after lockdown
As the COVID-19 lockdown hit and New Zealand morphed into what felt like a...
Let’s Talk: Employment Law podcast
“Let’s Talk: Employment Law” is a video podcast discussing the latest in New Zealand...
Privacy Law seminars – Your world is changing
Parliament has now passed the Privacy Act 2020 and there will be a number...
ERA and the Wage Subsidy
Valerie Raggett, Catherine Talbot, Francelle Burns, Nicholas Swan, Helena Nathan and Michelle Hood v...
Selection criteria when restructuring: the do’s and don’ts
The employment law consequences of the COVID-19 pandemic are inseparable from the financial consequences....
What you need to know about the Wage Subsidy Extension
As you may be aware the Government announced that a Wage Subsidy Extension will...
Lane Neave employment team recognised by Doyle’s
Lane Neave’s national employment law team has been recognised in The Doyle’s Guide 2020...
Alert Level 3: What it means for your workplace
The Prime Minister announced yesterday, that at 11:59pm on Monday 27 April 2020, New...
Coming out of lockdown – where to from here for employers?
Webinar “Coming out of lockdown – where to from here for employers?” Wednesday 29...
Employees’ rights to public holiday payments during the COVID-19 lockdown
As the Easter holidays are approaching, there is a lot of confusion around how...
COVID-19: employment alert
The COVID-19 pandemic is evolving rapidly, and so too are the clarifications and corrections...
Supporting you through COVID-19
Lane Neave is a proud Service Provider affiliate of the Regional Business Partner Network...
Employer’s obligations during Alert Level 4
While we are still awaiting further specifics on what Alert Level Three and Four...
COVID-19: Government rescue package may not be enough for some employers
The Government rescue package announced on 17 March 2020 will provide substantial relief for...
COVID-19 rescue package: employment need to knows
Finance Minister, Grant Robertson announced yesterday a $12.1b package to help alleviate the economic...
Coronavirus – government rescue package and privacy update
Government rescue package   The Government has, today, announced a multi-million dollar rescue package...
Employer’s obligations and COVID-19 (Coronavirus)
On 14 March 2020, the New Zealand Government announced that there will be stricter...
Dealing with cannabis in the workplace
The upcoming election this year will also give the public the opportunity to vote...
Five points to check with your payroll provider
Throughout 2019 and in to 2020 we have seen the Labour Inspector and the...
COVID-19 update: an evolving situation
On 2 March the New Zealand Government extended new travel restrictions related to Covid-19...
Employee awarded $37k for unjustified dismissal
Termination for incompatibility is only justified in rare and unusual cases, as articulated by...
Withholding an employee’s information during a workplace bullying investigation
When an employee makes a complaint about bullying in the workplace (the complainant) they...
2020 and what it means for employers
Often when employers call us with a question or problem they ask “Is this...
Remuneration threshold changes – an update for employers
With February fast approaching, it is important for employers to pay regard to Immigration...
Employers must consult with their employees before taking action
The Employment Relations Authority (ERA) recently found in Fensom v KME Services NZ Pty...
Verbal telephone references – be careful not to breach an employee’s privacy
The relationship between references and privacy In Director of Human Rights Proceedings v Katui...
Remuneration threshold changes
With February fast approaching, it is important to pay regard to Immigration New Zealand’s...
In brief: update on holiday pay and contractor’s rights
Tourism Holdings Limited operates a tour bus business throughout New Zealand called Kiwi Experience....
Would a Labour Inspector find your business in breach of minimum employment law standards?
The Labour Inspectorate enforces and monitors minimum employment standards such as the minimum wage,...
How would you fare if a Labour Inspector came a knocking?
The Labour Inspectorate of the Ministry of Business, Innovation and Employment (MBIE) enforces and...
Are your shareholders also employees?
Shareholders of a company may also be employees. This means that employers are legally...
Requesting urgent visa processing for employees
As many employers will be aware Immigration New Zealand (INZ) has a large backlog...
West Coast – Employment and Privacy Law update
We invite you and others in your organisation to attend our next Employment and...
Problems with work visas for employees of non-accredited Labour Hire companies
Immigration New Zealand (INZ) seem to be taking a renewed interest in temporary work...
Employer obligations 101
As you may have picked up, employment rights are a hot topic at the...
What to do when you suspect an employee is lying during a disciplinary process
The Court of Appeal case of George v Auckland Council NZCA 209 looked...
Individual Employment Agreement – must haves!
Employers must provide all their employees with an employment agreement before they start work....
Minimum wage increase
The biggest minimum wage boost since the 1980’s took effect in New Zealand on...
Bereavement leave for miscarriage or still-birth
The Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2) (Bill) was introduced to...
A turning point in triangular employment relations
It is currently full steam ahead in the world of employment legislation and businesses...
Delays in visa processing timeframes impact employers and employees
If you employ migrant workers and they are looking to apply for visas you...
Back to basics: discrimination grievance principles
The 2017 case of Idea Services v Crozier sets out the relevant principles that...
Medical incapacity: a recent update
This article provides a summary of two recent cases which involve interesting issues relating...
What you really need to know about the recent Mitre 10 ‘living wage’ decision
The recent Employment Relations Authority (ERA) decision and subsequent upholding of this decision by...
A temporary change in location: employers of work-visa holders beware
Scenario: A multinational engineering firm advertises an Engineering Technician vacancy on Seek and LinkedIn...
Bereavement leave for miscarriage or still-birth
The Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2) (Bill) was introduced to...
Increase in parental leave payments
The Parental Leave and Employment Protection Act 1987 (Act) provides the minimum leave entitlements...
When does a volunteer become an employee?
It is not uncommon for relatives to lend a helping hand in family-owned business...
A David and Goliath Story – fixed-term agreement invalidated by Employment Court
Fixed-term agreement invalidated by Employment Court in Morgan v Tranzit Coachlines Wairarapa Limited ...
Employer contributions to an employee’s wellbeing
In light of the Government’s announcement of a $1.9 billion Wellbeing Budget, it is...
Investigations – follow the process or ‘pay the price’
As tempting as it is to start pointing the blame or jumping to conclusions,...
Vicarious liability – is an employer liable for harm caused by negligent employees?
It has long been the position that an employer will be liable for the...
The Equal Pay Amendment Bill marches one step closer to becoming law
Employment legislation is on the move once again with the Equal Pay Amendment Bill...
Some clarity regarding availability provisions
A recent ruling in the Employment Court has clarified whether employers can require their...
Employee secondments
There are a number of scenarios where an employee may be placed on secondment....
New good faith code effective as of 6 May 2019
A revised  Code of Good faith in Collective Bargaining (Code) came into force on...
Final reminder: 6 May 2019 employment law changes on the horizon
In less than a week, a majority of those Employment Relations amendments passed at...
Compliance for employers and recruitment of migrant workers
Unfortunately, the last six months has seen an increasing number of articles published in...
Can you charge an employee for on-the-job training?
Training a new employee is part of the induction process to help them get...
The Employment Relations (Triangular Employment) Amendment Bill
Update on progress On 3 April 2019, the Employment Relations (Triangular Employment) Amendment Bill...
New offence for unwritten employment agreements
From 6 May 2019 an employer will commit an offence if they do not...
Employees now entitled to domestic violence leave
From 1 April 2019, employees are entitled to domestic violence leave. The Domestic Violence...
Are your rosters a health and safety risk to your workers?
If your employees work on a rostering system which does not allow for sufficient...
How NOT to run your Recruitment Process!
This article provides some key considerations your business must make during its recruitment process....
How can a seizure result in instant dismissal?
In the recent case of Wakeham v Pacific Decontamination Services Ltd NZERA 53,...
Major immigration changes – keeping your employees “in the loop”
As covered in our recent seminar series, significant changes to New Zealand’s immigration system...
Pre-employment work trials – working for a day without pay?
Work trials. Are they legal? Yes, but only in certain circumstances. The recent case...
The strengthening of unions and collective bargaining
The Employment Relations Amendment Act 2018 is now law, and many of the changes...
Rest and meal breaks: an update
The Retail and Fast Food Workers Union in Australia has been putting pressure on...
Is it a breach of the duty of good faith for a union to call the employer a “rat” during collective bargaining?
No, held the Employment Court in Kaikorai Service Centre Limited v First Union Incorporated...
Changes to KiwiSaver expected for 2019
The Taxation (Annual Rates for 2018-19, Modernising Tax Administration, and Remedial Matters) Bill (“Bill”),...
ACC sets aside $22 million for reducing work-related injuries
ACC has announced that in February 2019 small to medium businesses will be able...
Builder fined under the Health and Safety at Work (Asbestos) Regulation
A Christchurch builder has been fined under the Health and Safety at Work (Asbestos)...
Employment Relations Amendment Bill: royal assent expected this week
Almost a year after it was introduced, the Employment Relations Amendment Bill finally passed...
Employment Relations Amendment Bill: royal assent expected this week
Almost a year after it was introduced, the Employment Relations Amendment Bill finally passed...
Fired for stealing a bag of chips
It is commonly understood that to justify terminating an employee’s employment you have to...
New immigration policy changes in effect will impact employers
A number of recently announced immigration policy changes are coming into effect on Monday...
Compensation awards in the Employment Relations Authority: an update
A few weeks ago we published an article about the banding approach to assessing...
Trial periods and how to get them right
The future for trial periods is uncertain.  As drafted, the Employment Relations Amendment Bill...
Employer update – INZ increase fees and seek submissions for skill shortage review
Increase in immigration fees and levies – 5 November Immigration New Zealand (INZ) has...
Employees, social media and bringing the employer in to disrepute
As the role of social media in everyday life becomes more prevalent, the grey...
Fixed term agreements – what is a genuine reason based on reasonable grounds?
Fixed term agreements are a handy tool for employers who don’t require a permanent...
The dos and don’ts of pre employment screening
Employers often want to know what they can and can’t ask in job applications...
Employee surveillance at work – a “how to” guide for employers
Employers often wish to monitor or record their employees while at work, whether for...
Continued focus on migrant worker exploitation
In our previous article on this topic, we wrote about Immigration New Zealand’s recent...
Disciplinary procedures: a recap
A recent example of a flawed dismissal process was outlined in Payne v Bupa...
Are you across the latest employment law amendment bills?
Holidays (Bereavement Leave for Miscarriage) Amendment Bill This Member’s Bill was introduced on 9...
Employment Relations Amendment Bill – Select Committee report released
The Select Committee reported back on the changes proposed to the Employment Relations Act...
Employer’s duty to protect the mental wellbeing of employees
Mental health is currently the primary cause of lost working days in the majority...
A whopper of a mistake
The Ministry of Business, Innovation and Employment (MBIE) has barred Burger King from hiring...
Interim visa policy change
Interim visas are granted to visa applicants in New Zealand, in cases where their...
Guidance on compensation awards for hurt, humiliation and loss of dignity under the Employment Relations Act 2000
Quantifying compensation for an employee’s 123(1)(c)(i) hurt, humiliation and loss of dignity in the...
Ex-employee serves prison time for breach of confidentiality
A previous employee was sentenced to 21 days in prison following repeated breaches of...
Contractors and employees – what’s the difference?
Section 6 of the Employment Relations Act 2000 defines “employee” as any person employed...
Immigration changes employers should be across
There have been a few changes and updates in the immigration space over the...
Government launches sexual harassment register
The government has set up a register for allegations of workplace sexual harassment through...
Domestic Violence – Victims’ Protection Bill passing through Parliament
The Domestic Violence – Victims’ Protection Bill (Bill) is due to have its third...
Seminar: Employer Accreditation – What You Need to Know (Wellington & Queenstown)
Managing HR and employment law issues is challenging enough, and when you throw in...
Employee brain explosions – human behaviour that defies rational explanation
It seems rather topical at this time of year, for those who are football...
Myth busting: top five employment myths
Myth 1: An employee can be fired on the spot if they are clearly...
‘Tis the season for employment law queries
We usually get an influx of similar employment law queries at various times throughout...
How annual leave works when an employee returns from parental leave
Under New Zealand employment law, employees are entitled to annual leave and parental leave...
Fair Pay Agreements
One of the more controversial labour law changes on the “to do list” of...
Responsibility for a breach of visa conditions falls both on the visa holder and the employer
Most employers will be aware of the importance of checking the visa of a...
Volunteer associations to be excluded from Health and Safety at Work Act duties
A new Bill has been introduced to the House that intends to amend the...
Optional, unpaid, pre-work meetings no more
The Labour Inspectorate’s spotlight is clearly still on minimum entitlements with retail chain Smith...
Terminating on medical grounds is a tricky decision
Deciding whether to terminate employment based on medical grounds can be a difficult decision...
Better work stories
Employment lawyers sometimes get asked whether someone can be fired for “being a bit...
Government priorities update – spotlight on employer accreditation policy and labour market checks
The Immigration Minister, Iain Lees-Galloway, has warned that some immigration policies, specifically in relation...
Balance vs agility – and how to achieve it
The word on the street is that there is a new buzz word hanging...
Ex-employee penalised $1000 for Facebook post
Cambridge Analytica and Mark Zuckerberg aren’t the only ones who have recently been in...
Think before you (Privacy) Act
We have seen an increase in employee privacy related claims and complaints, and employers...
Grounds to dismiss an employee
Seeing as we deal with it day in and day out, we thought we’d...
The in’s and out’s of parental leave
Unless you’ve been living under a rock, you would have noticed there have been...
5 Year Employer Accreditation renewals – non-government entities “do not qualify”
Employers will no doubt be aware of the rigorous and complicated policy requirements that...
Easter trading
With Easter just around the corner employers whose businesses are shops should be aware...
Work trials, are they legal?
Some employers use pre-employment assessments – typically a brief unpaid “on the job” trial...
More changes on their way
Many employers around the country are spending their time getting their head around proposed...
Days are numbered for 90 day trial periods
The days appear to be numbered for 90 day trial periods, with the Government...
Do you own a rental property?
If the answer is yes, whether commercial or residential, then read on to avoid...
Buckle up! 2018 is going to be year of upheaval for labour laws
The Government has announced the first round of changes to New Zealand’s employment relations...
Workplace Law Newsletter: December
In this edition: Authority looks at when an employer can “fairly cry halt” Tis...
Workplace Law Newsletter: November
In this edition: What the new government means for employment law Second HSWA case...
Workplace Law Newsletter: August
In this edition: MBIE releases Holidays Act compliance document New regulations for hazardous substances...
Queenstown Workplace Law Workshop
This free Workplace Law Workshop will update you on the latest Employment, Health &...
50 shades of a personal grievance
There have been many water cooler discussions in New Zealand workplaces (and workplaces around...
Employers take note: major immigration compliance changes coming in on 1 April
Immigration New Zealand (INZ) has announced the implementation of a very tough new policy...
A defining case on premium – the recovery of costs associated with the recruitment of migrant labour
Many employers and recruitment companies alike, who rely in particular on migrant labour to supplement...
Examining the legal definition of “brother” for the purposes of bereavement leave
A steel worker who was told by his employer he was unable to take...
Is volunteering considered “work”?
Lane Neave clients often ask for guidance around whether they can participate in “volunteer”...
90 Day trial period start date not necessarily first day of work
Employment Law alert The Employment Relations Authority (Authority) has released a decision regarding 90...
Workplace Law Newsletter: August
In the August edition of the Lane Neave Workplace Law Newsletter: Procedure when investigating serious misconduct...
Workplace Law Newsletter: July
In the July edition of the Lane Neave Workplace Law Newsletter: Pay equity in New Zealand...
Workplace Law Newsletter: June
In the June edition of the Lane Neave Workplace Law Newsletter: Three key ways HR...
Workplace Law Newsletter: May
In the May Lane Neave Workplace Law Newsletter: Digger operator awarded $23,000.00 for constructive...
Changes to the Canterbury Skills Shortage List and e-visas / 2015 wrap-up
Employment & Health & Safety 2015 wrap-up 2015 has been a busy year for...