We represent employers and employees in employment disputes in New Zealand. All employees have rights under the Employment Relations Act 2000. This blog discusses common and relevant issues in New Zealand employment law.
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.
In Gary Cotton v Darcee Gosling [2022] NZERA 90, the ERA identified the employer at the outset of the relationship and held Darcee Gosling was personally liable. The dismissal was unjustified and the Authority ordered lost wages, wage arrears, holiday pay and compensation.
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 is able to award penalties against an employer where the employer has sustainably 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.
Employees holding positions that require vaccination and refuse to get vaccinated will end up being dismissed from their employment. Procedural fairness and substantive justification still applies. Unjustified disadvantage personal grievances. Minimum wage entitlement issues during Covid-19 lockdown.
