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New Employment Provisions

Monday, July 26, 2010 by Mary-Jane Thomas, partner category Work to Rule

Prime Minister John Key recently announced some proposed changes to aspects of employment law and practice.

The most controversial is the extension of the “fire at will” 90 day trial period to all employers not just those employing less than 20 people. This will allow all employers to negotiate a trial period with potential new employees that allows the employer to hire them, and then to fire them without having to give a reason and without having to face legal action for dismissing them (except in some limited circumstances).

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Employers' Rights

Saturday, July 17, 2010 by Mary-Jane Thomas, partner category Work to Rule

Last week Brian wrote about what a personal grievance is and how it is only open to an employee to utilize that process when problems arise.

There are also options for employers to recover losses in certain circumstances against employees. In the main employers rights depend upon what is in the employment agreement.

For example, how does an employer deal with an employee who resigns without notice to start with a competitor and taking confidential information with them?

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Personal Grievances

Saturday, July 10, 2010 by Brian Richardson, HR Adviser category Work to Rule

What is a PG?

A PG is the abbreviation for Personal Grievance.

A personal grievance is a legal term based on the entitlements granted by the Employment Relations Act 2000.

Personal grievances have been around in some form or another for decades. They are what allow an employee to dispute a decision made by the employer that affects them to their disadvantage.

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Paid Parental Leave

Saturday, July 03, 2010 by Mary-Jane Thomas, partner category Work to Rule

I am often asked about parental leave. These questions and answers relate to mothers having children as opposed to adopting children, when some different provisions apply.

How much notice do I have to give to take parental leave?

You must write to your employer at least 3 months before the expected date of birth stating what type of leave you want, when you want it to start and how long you want to take off. You must attach a copy of a certificate from your doctor or midwife stating when baby is due.

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Contracting Out of the Employment Act

Saturday, June 26, 2010 by Mary-Jane Thomas, partner category Work to Rule

Employee clients often ask us to check their Employment Agreement before it is signed – which is eminently sensible. It is amazing how often Employment Agreements contain clauses that are actually illegal.

Hidden in the dim dark recesses of the Employment Relations Act 2000 is section 238. Section 238 is very clear in that it says “the provisions of this Act have effect despite any provision to the contrary in any contract or agreement.”

That means that it doesn’t matter what is written in an Employment Agreement if it is contrary to the Employment Relations Act.

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Pregnancy & Employment

Monday, June 21, 2010 by Mary-Jane Thomas, partner category Work to Rule

I have been all sides of this. I have been a pregnant employee taking maternity leave. I have been a pregnant employer and having basically to work through it and I am the employer of pregnant employees. I think therefore that I am in the position where I can see all ”sides” of what can often be a difficult time in an employment relationship.

I say “difficult” because as PC as we all want to be it is true that when an employee gets pregnant and takes time off with an intention to return to work it is disruptive of the work place. I also know that (particularly if a pregnancy is not an easy one) continuing to work while you are pregnant can sometimes be really difficult and returning to work leaving your child at home is also not easy.

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Who's reading your Facebook page?

Monday, June 14, 2010 by Mary-Jane Thomas, partner category Work to Rule

My husband often sends me through stories off the internet that he thinks might make interesting stories.

Recently he forwarded me an article about a woman who was claiming that she had been sacked for being too attractive – I think his comment was “well that is one problem you never had”. Despite my initial reaction to write about this case (which would have been entertaining but would have showed how bitter and twisted middle aged woman can become) I decided rather to look at this issue of whether or not employees can be disciplined by their employer for comments made on facebook.

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You CAN dimiss an employee without a PG

Saturday, May 29, 2010 by Mary-Jane Thomas, partner category Work to Rule

It is cold. I only mention this because as I am dictating this I am huddled beside a fan heater next to my right hand woman and WPO Jill. She has been reminding (nagging) me for four days that I have to do this hence I am slightly irritated as well as being cold. One positive thing on the horizon is that Preston Russell Law Blues is playing Midlands at Rugby Park on Saturday – can’t wait – go BLUES.

Back to reality. There are a number of irritating matters that are repeatedly raised with me and as I am in a ranting mood here goes..

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Violence, Children and the Law

Monday, May 24, 2010 by Michael Morris, associate category Family Law

The Care of Contact Act 2004 (“the Act”) very early on sets out that a child’s welfare and best interests are to be the paramount consideration in any proceedings involving guardianship, the role of providing day-to-day care or contact with the child. Section 5 states the principles that are relevant to a child’s welfare and best interests. What follows are six principles that the Court considers when making decisions regarding the day-to-day care and/or contact with the child.

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90 Day Probationary Period

Monday, May 24, 2010 by Mary-Jane Thomas, partner category Employment Law

Since 1 March 2009 employers with fewer than 20 employees (at the time the trial period starts) have been able to offer positions to new employees subject to a 90 day, or less, trial period. During, or at the end of that trial period, the employer can confirm the employment or dismiss the employee. If they dismiss the employee the employer does not have to give a reason and generally cannot be subject to a personal grievance claim for unjustified dismissal.

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