The following decision is a good reminder that Employers need to ensure they follow their own policies and procedures when dealing with Employees.
A Court of Appeal decision involved a bus company (“R”) who suspended an employee (“M”) after he was charged with alleged sexual assault.
Restructuring is one area where employers really do need good advice as the following precautionary tale demonstrates.
W had been at Opus for 35 years, working in the HR department. During 2014 she was advised that Opus was beginning a consultation process, with the view of restructuring the HR services in NZ. At the time W was the HR coordinator, which involved handling leave applications, monthly reporting requirements and inducting any new employees. There were four members of the team, with one member - Ms D - being away on parental leave at the time of the consultation.
In September 2013 Mr R a long standing employee of milling Company W, lubricated a piece of machinery while it was still running. Unfortunately his hand got caught and his fingers were badly injured.
Mr N was working on a dairy farm in Hokitika for Mr H and Ms G. The employers had recruited Mr N from the Ukraine and he had brought over his wife, who was expecting their first child.
Mr N started on 5 June and all had gone well until things started to deteriorate around October. On 11 November the employers raised several concerns with Mr N’s ability to follow instructions and they held a disciplinary meeting with him. Mr N received a formal written warning.
The fact that dairy farm workers, in particular, often work longer hours than usual over spring makes it important for farmers to be vigilant during this time in ensuring they meet their legal obligations. We have written articles that have addressed this very point on a number of occasions. But the issue continues to rear its head.