A recent landmark Employment Court decision confirmed the Employment Relations Authority (“ERA”) can exercise its discretion to fix the provisions of a collective agreement. The fixing of a collective agreement by the ERA is unprecedented and a first for New Zealand. The Court’s decision released this week was “one of the rare sort” which required a “game-breaker”. The effect of such a determination to fix a collective agreement means that ratification, and signing by the parties, is not required.
In our everyday work it is still a common occurrence for us to see employees who do not have written employment agreements and employers who have not provided written employment agreements to their staff. We also from time to time see of employment agreements that are outdated or contain illegal provisions .
The Domestic Violence – Victims’ Protection Bill will come into force on 1 April 2019. The Act creates important obligations upon employers as it allows 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.
It is widely accepted that there is nationwide confusion around aspects of the Holidays Act 2003 (the Act) with many employers, often unknowingly, falling into non-compliance because they misinterpret the Act’s entitlement and payment rules. Employers with employees who work irregular hours are particularly susceptible given the complexity of the calculations required under the Act.
With summer temperatures rising over the last few weeks the question has been asked, how hot is too hot in your workplace?