The Employment Relations Authority takes a strict approach to 90 day trials and it has previously held that a trial period clause was invalid after an employee started working two hours before signing their employment agreement. The following case is a clear example of this.
The first questions most people will ask when experiencing a dispute are - what are my options and how can this come to an end? Where parties are unwilling to resolve a dispute, a good and cost effective option is mediation.
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.
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.
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.