15 August 2018
Defining and understanding what relationship you have with a worker is important as each relationship brings different rights and responsibilities for the parties.
A Dunedin taxi company has been ordered to pay nearly $100,000 in wage arrears after the Employment Relations Authority (“the ERA”) found it had been wrongly treating four of its former drivers as independent contractors (rather than employees) in an attempt to save money.
6 August 2018
The Domestic Violence – Victims’ Protection Bill will come into force on 1 April 2019. The Bill creates an ability for employees affected by domestic violence to request variations to their employment, and amends the Holidays Act 2003 to create a new type of leave – domestic violence leave.
20 July 2018
We frequently remind employers carrying out disciplinary investigations about “process, process, process”. Even where an employer believes they have good reasons to dismiss an employee, a fair and proper process must be followed.
The Employment Relations Authority (“the ERA”) often find an employer’s reason for a dismissal was justified, but the process was flawed, resulting in a unjustifiable dismissal.
Recently, however, an Auckland Bakery were found to have followed a proper process but failed to prove they had good reason to dismiss an employee.
7 May 2018
The days where employers could leave it up to their migrant workers to obtain the appropriate visa from Immigration New Zealand (“INZ”) have ended. Consequences for employers who get it wrong includes losing the ability to hire migrant workers altogether. Below are some common issues we see.
3 November 2017
Employers in businesses that are dependent upon good relationships with clients in a competitive industry often wish to include restraints in their employee’s employment agreement.
There are two common types of restraints that we often see. These are:
- Restraint of trade: where the employee is prohibited from working in the same industry as the employer within a certain distance of the employer’s premises, for a certain amount of time after employment ends.
- Non-solicitation: where the employee is prohibited from ‘soliciting’ clients of their former employer, for a certain period of time after employment ends.
This article focuses on what a non-solicitation clause means in practical terms.