Employment Law

Employees beware: A restraint of trade provision in an employment agreement can be challenged, but if put into a settlement agreement the restraint of trade is enforceable.

Employers beware of high employment lawyer fees when defending a personal grievance claim. Even if you win, recovering your actual legal spend in the ERA is usually limited by the daily tariff approach.

Where there is confusion or ambiguity of the identity of the employer the legal test requires an objective observation of the employment relationship at its outset with knowledge of all relevant communications between employer and employee.

An Unless order, if granted, gives a party one last opportunity to remedy their breach.

The Employment Relations Authority (ERA) issued an updated practice note on costs. The daily tariff remains $4,500 for the first day and $3,500 for subsequent days, with adjustments up or down based on the circumstances.

Consumption of alcohol and bad behaviour at Christmas functions is not uncommon. Employment Relations Authority decisions involving Christmas party incidents that have led to disciplinary action up to and including dismissal.

The Employment Relations Authority can award penalties against an employer where the employer has repeatedly failed to pay wages and minimum entitlements.

A paid four week notice period will apply if dismissal occurs when an employee has chosen not to be Covid-19 vaccinated. Covid 19 Response (Vaccinations) Legislation Act 2021 advice. It also deals with employers needing to pay for time off for workers to get vaccinated.