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Results for ERA

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Unless orders in NZ employment cases: meaning, deadlines, and consequences

Unless orders are a last-chance procedural device used when a party has failed to comply with directions. This guide explains what they require and what can happen if the deadline is missed.

Matched passage: Read our full article Download File: Culturesafe unless order application Leighton Associates website: Unless Order: Defendants want to know exactly what they're defending Read more Employment Court Employment Relations Authority (ERA) Costs Unreasonable employer legal costs
Christmas party misconduct: when employers can discipline or dismiss

Employment-law lessons from misconduct at Christmas parties and other work functions, including alcohol, off-duty conduct, investigations and when discipline or dismissal may be justified.

Matched passage: After the Christmas party: On the piss, justifiably dismissed Rerekura v A W Fraser Limited [2011] NZERA Christchurch 20 R was a labourer for around 20 years.
Covid-19 Response Vaccinations Legislation Act 2021: vaccination and employment law

A historical guide to the Covid-19 vaccination employment framework, including paid vaccination time, notice provisions and the process issues that arose when vaccination requirements affected employment.

Matched passage: ... there has been no public consultation, no regulatory impact statement, no analysis in consideration of the bill of rights, and the Human Rights Commissioner has expressed grave concerns about it. It has been criticised for lack of analysis and consultation. It's been passed now ...
No jab, no job: when refusal can lead to dismissal and a personal grievance

A guide to the employment-law disputes created by workplace Covid-19 vaccination requirements, including dismissal, disadvantage, consultation, alternatives and minimum-entitlement issues.

Matched passage: There have been several interim reinstatement applications heard and decided on by the Employment Relations Authority relating to vaccinations.
"No win, no fee" politics: what National proposed and what it would mean

Commentary on National's proposal to remove or restrict no-win-no-fee employment arrangements and the likely access-to-justice consequences for employees who cannot fund representation upfront.

Matched passage: ... resolution process National: overly burdensome employment law and red tape When you look at Employment Relations Authority decisions within the first roughly four years that the ERA was created in 2000, you will notice that many of its decisions were short and to the point, ...
Received a Personal Grievance from an Employee?

What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.

Matched passage: Mediation and ERA defence If the matter goes to mediation, the employer should attend with a clear theory of the case, a document bundle, a settlement range, and an understanding of the weaknesses.
Urgent Employment Law Advice for Employers NZ | Dismissal and Suspension

Urgent employer guidance for situations where dismissal or suspension is being considered and an immediate decision could create a personal grievance or destroy useful evidence.

Matched passage: ... issue into frustration or dismissal without proper notice, medical information, and consideration of whether delay is manageable. Atkins v Alpine 182 Degrees Ltd [2023] NZERA 334 - management conduct can become the emergency Atkins is a warning for employers where the urgent ...
Dismissal and Disciplinary Process for Employers NZ | Misconduct and Warnings

A practical employer guide to misconduct, warnings and dismissal: allegation letters, meetings, decision-making, proportionality and the procedural requirements in s 103A.

Matched passage: ... preparing responses to Personal Grievances; and representing employers in mediation or the Employment Relations Authority. Misconduct and serious misconduct Employers often treat serious misconduct as if it automatically justifies dismissal. It does not. The employer still ...

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