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.
A recent sentencing in the District Court comes after the death of a tractor driver in the North Island back in October 2016. At the time the worker died, he had just clocked a nearly 17 hour day harvesting on farm. At 2.45am on his way home he crashed the tractor and did not survive. In the fortnight leading up to the accident the worker had done nearly 200 hours.
MPI confirmed on 26 March 2018 that all stock on properties infected with M Bovis will be culled. Stock on properties under a restricted place notice or notices of direction will not be culled.
The actions taken by MPI are set out under the Biosecurity Act 1993 and this Act allows for farmers affected to be compensated for verifiable losses.
When we act for an employee in a dispute we quite often hear the employer say that they have lost “trust and confidence” in that employee to carry out their job as required.
The opposite can be true, where an employee may say that they have “lost trust and confidence” in an employer to say, keep them safe in the workplace.
Availability provisions were in the headlines last year following the reaction of workers to what were termed “zero hour contracts”. These were contracts that did not guarantee any weekly hours for workers, but workers were prevented from working elsewhere.
The law was amended to prevent this and now we see its first application in the Courts. Unfortunately the Employment Court decision has not provided all the answers that we would have liked, but there are some useful points to take away from it.